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Home > Acts and Regulations > Rules, Regulations, Guidelines, Guidance Notes and Memoranda of Guidance pursuant to the National Energy Board Act > Filing Manual > Filing Manual - Guide A.2 - Environmental and Socio-Economic AssessmentFiling Manual - Guide A - Facilities Applications
Guide A.2 - Environmental and Socio-Economic Assessment
- Section A.2.1 Introduction
- Section A.2.2 The NEB's Environmental and Socio-Economic Responsibilities
- Section A.2.3 Scope of the Environmental and Socio-Economic Assessment
- Section A.2.4 Level of Detail
- Section A.2.5 Description of the Environmental and Socio-Economic Setting
- Section A.2.6 Effects Assessment
- Section A.2.7 Cumulative Effects Assessment
- Section A.2.8 Inspection, Monitoring, Follow-up and Operation
A.2.1 Introduction
Section A.2 describes the NEB's environmental and socio-economic assessment responsibilities and process and outlines the information required in a complete application. Additional filing requirements may exist for applications to other regulators2.
[2] The NEB's responsibilities under the CEA Act do not apply in all parts of the Northwest Territories. Proponents should contact the NEB and other relevant regulators, such as the Mackenzie Valley Environmental Impact Review Board, for more inforation on how to complete an application for authorizations in areas where the CEA Act does not apply.
The subsections within this section are in two main parts. The first part of the section will assist an applicant in understanding how a project is evaluated and how an applicant should provide information. The subsections to this part include:
A.2.2 - The NEB's Environmental and Socio-Economic Responsibilities;
A.2.3 - Scope of an Environmental and Socio-Economic Assessment; and
A.2.4 - Level of Detail.
The applicant should carefully review the information in Subsections A.2.2 through A.2.4 to understand the requirements outlined in the subsections that follow.
The second part of the section describes the information applicants should include in a project-specific Environmental and Socio-Economic Assessment (ESA):
A.2.5 - Description of the Environmental and Socio-Economic Setting;
A.2.6 - Effects Assessment;
A.2.7- Cumulative Effects Assessment; and
A.2.8 - Inspection, Monitoring and Follow-up.
In addition to the description of the project (discussed in Section 4.1 of this Manual), the applicant should describe:
- the environmental and socio-economic baseline setting;
- the predicted beneficial and adverse effects of the proposed project on the socio-economic and biophysical environment over the life of the project;
- the methods used for effects analysis, and the rationale for selecting the methods chosen;
- the proposed mitigation measures; and
- the predicted significance of residual project effects and residual cumulative effects.
Figure A.2-1: The Applicant's ESA process
The level of detail the NEB requires in an application will vary with:
- the nature and scale of the project;
- the predicted effects of the project; and
- the level of public interest in the project.
The applicant must provide a defensible line of reasoning, supported by facts, to support the analysis and conclusions on identified issues and the environmental and socio-economic effects of the project.
Table A-1 in Subsection A.2.4 identifies circumstances that trigger the need for detailed information on specific biophysical or socio-economic components and considers all phases of an applied for project (construction, operation, maintenance and abandonment), including the potential for accidents and malfunctions during each phase. Tables A-2 and A-3, which follow Subsection A.2.7, identify those specific information requirements.
A.2.2 The NEB's Environmental and Socio-Economic Assessment Responsibilities
Under the NEB Act and the CEA Act, the NEB is responsible for assessing the environmental and socio-economic effects of energy projects within its jurisdiction, such as international and interprovincial pipelines in Canada, certain natural gas processing plants, and related facilities and activities3. The NEB's environmental and socio-economic assessment responsibilities cover four distinct phases:
- evaluating potential effects of constructing and operating proposed projects;
- monitoring and enforcing terms and conditions before, during and after construction;
- monitoring and regulating ongoing operations, including decommissioning; and
- evaluating potential effects of abandonment.
[3] As noted in Section 1.2 of the Filing Manual, the ESA requirements described in the section are not explicitly applicable to:
- oil and gas activities regulated under other Acts for which the Board has responsibility, e.g., the Canada Oil and Gas Operations Act and the Canada Petroleum Resources Act;
- international and designated interprovincial electric power lines; or
- offshore pipelines.
The NEB's objectives for environmental and socio-economic assessment are that:
- the potential effects of projects receive thorough consideration before any decisions on the project are made allowing a project to proceed;
- projects are not likely to cause significant adverse effects or contribute to significant adverse cumulative effects;
- there is an opportunity for meaningful public and Aboriginal participation; and
- the NEB's process and decisions are transparent and reflect the input received from those participating in the environmental assessment and regulatory review process.
The NEB has a broad mandate under the NEB Act and it may consider any matter that it finds relevant to its public interest determination. Therefore, in addition to factors the NEB considers under the CEA Act, as discussed below, the NEB may also include within its decision consideration of an application any other matters it finds relevant under the NEB Act. These matters may include direct socio-economic effects not resulting from environmental effects (e.g., local economic benefits resulting from the project or potential effects on local infrastructure and services).
Table A-3 provides additional guidance as to the socio-economic matters to be considered within an ESA.
The NEB has responsibilities under the CEA Act. Where the CEA Act applies (e.g., applications to the NEB under s. 52, 58, or 74 of the NEB Act), the NEB, as a responsible authority under the CEA Act, must:
- determine, together with any other responsible authorities, the scope of the environmental assessment;
- provide a description of the scope of the project and any other information required under subsection 55(1) of the CEA Act to the Canadian Environmental Assessment Registry;
- maintain a project file;
- monitor public concerns and, if appropriate, provide opportunities for public participation;
- determine whether the project is likely to cause significant adverse environmental effects;
- determine whether mitigation measures are required and, if the project is approved, oversee the implementation of these measures;
- consider, together with any other responsible authorities, whether a follow-up program for the project is appropriate; and
- assess additional factors if the project triggers a comprehensive study under the Comprehensive Study List Regulations.
Local and traditional knowledge will also be considered by the NEB when it conducts its ESA.
FYI - Additional information... Applicants are encouraged to visit the CEA Agency's website for additional information and guidance about the CEA Act. Specific references to CEA Act guidance are included throughout this section, and Chapter 7 - Referenced Documents, includes sources for additional information about the CEA Act. |
A.2.3 Scope of the Environmental and Socio-Economic Assessment
What is Scoping?
Appropriate scoping is the foundation upon which an effective environmental and socio-economic assessment is built. The scope ensures that the assessment focuses on relevant issues and concerns, and assists in determining the appropriate level of detail to include in the assessment. Proper scoping reduces the risk of including unimportant or irrelevant information in the assessment or excluding factors that should be assessed. Scoping is the process of identifying:
- the physical works and activities to include within the ESA; and
- what biophysical and socio-economic elements are likely to be affected.
FYI - See also... Scoping information for cumulative effects assessment is provided in Subsection A.2.7. |
The Applicant's Role in Scoping
The applicant's role in scoping includes:
- providing the NEB with sufficient information to fulfil the NEB's scoping and ESA responsibilities;
- nsuring the applicant's ESA focuses on relevant issues and concerns, including those identified by affected parties, and that an appropriate level of detail is included in the ESA; and
- considering the factors set out in subsections 16(1) and (2) of the CEA Act as applicable (see Factors to be Considered below), even for projects not governed by the CEA Act. The Board expects a complete ESA from an applicant, even if the CEA Act does not apply. A complete ESA typically includes the same elements addressed within an environmental assessment under the CEA Act.
To assist an applicant in scoping before filing an application, the NEB encourages the applicant to:
- request a meeting with Board staff to discuss process-related matters and be guided to examples of complete ESAs filed previously with the Board (see Chapter 1, Section 1.7 - Pre-Application Meetings Guidance Notes);
- consult the Canadian Environmental Assessment Agency (CEA Agency) guidance documents on scoping-related matters and, if appropriate, discuss scoping with the CEA Agency and and other relevant federal authorities (see Table 3-1 for potential considerations and contacts); and
- where appropriate, consult with other regulatory bodies at the provincial, territorial, regional, municipal or Aboriginal levels of government.
FYI - Additional information... As noted in section 4.1, for projects subject to an oral hearing, the applicant should file with the Board a preliminary Project Description four to six months before applying to the Board. In addition to other NEB pre-application activities, this Project Description initiates EA coordination and scoping related activities. |
The NEB's Role in Scoping
The NEB will determine the scope of the ESA based on the evidence before it. For applications requiring an environmental assessment under the CEA Act, the NEB determines the scope of the assessment in consultation with other responsible authorities. Although the scope of the environmental assessment may change over the course of a proceeding (e.g., as a result of public or Aboriginal input, or changes to the project), the application is usually the prime source of information and starting point for establishing the scope of the environmental assessment. For projects subject to a public hearing, the NEB typically seeks input from the public and Aboriginal groups before determining the scope of the environmental assessment.
FYI - Reminder... The application is the NEB's primary source of information for determining the scope. If the information submitted is not sufficient for the NEB to make its determination on scope, the NEB will request more information, which could lengthen the assessment process. |
For projects that do not require an environmental assessment under the CEA Act, the NEB usually determines the scope of the assessment by applying similar scoping principles to those applied under the CEA Act. However, the NEB may not consider all factors listed in subsections 16(1) and (2) of the CEA Act if they are not relevant to its environmental and socio-economic assessment.
Determining the Scope of the Assessment
The Scope of the Project
The scope of the project includes the physical works and activities making up the project and enabling it to proceed. It may also include other physical works and activities that would be undertaken if the applied for project is approved and proceeds[4].
[4] National Energy Board letter dated 17 September 1999, Re: Upstream Jurisdictional Issues.
The NEB determines the scope of the project by considering:
- section 15 of the CEA Act;
- CEA Agency guidance documents pertaining to section 15 of the CEA Act; and
- relevant case law, texts or other commentary discussing scoping.
Applicants must consider the requirements of the CEA Act, especially section 15, as well as the other sources of information noted above to establish the scope of the project in their ESA.
The application must clearly identify, describe and substantiate:
- the scope of the applied for project;
- other physical works and activities necessary to enable the project to proceed, including directly-related ancillary facilities, such as access roads, construction camps, or pipe lay-up and storage areas; and
- other physical works and activities likely to occur if the applied for project is approved and proceeds, which may include power lines or upstream and downstream petroleum development activities and works directly related to the proposed project.
Guidance - Scope of the Project
Case law on the scope of the project for environmental assessments under the CEA Act continues to evolve. As of September 2010, the CEA Agency's Operational Policy Statement "Establishing the Project Scope and Assessment Type under the Canadian Environmental Assessment Act" (2010) is the most recent guidance from the CEA Agency on the scope of the project to be assessed. Another related Operational Policy Statement is "Use of Federal-Provincial Cooperation Mechanisms in Environmental Assessments pursuant to the Canadian Environmental Assessment Act" (2010). Applicants should consult with Board staff and the CEA Agency for any updated guidance on establishing the scope of the project for ESA purposes.
In evaluating whether to include other physical works and activities directly related to the proposed project, but which may be outside of the NEB's regulatory jurisdiction, the Board may consider factors such as:
- Is the physical work or activity within the control of the applicant for the primary project being applied for under the NEB Act?
- Are mitigation measures and follow-up activities enforceable by the NEB, another federal or provincial department or agency, or person or body that will ensure implementation?
- Are effects from the other physical works and activities relevant to the Board's public interest determination under the NEB Act?
FYI - Example... The scope of a project under the NEB's CEA Act assessment involves considering physical works and activities directly related to the proposed project, such as its construction and operations, and related physical works or undertakings. However, project scoping decisions under the CEA Act to exclude the environmental and socio-economic effects of upstream or downstream facilities from the scope of the project do not preclude the Board from considering the effects of those facilities as part of the cumulative effects assessment if those effects act in combination with the effects of the Project [see for example, the NEB's assessment of the Keystone Pipeline Project[1]. In addition, under the NEB Act, the Board may in some cases consider the environmental and socio-economic effects in Canada of upstream or downstream facilities where there is a necessary connection between those facilities and the project before the Board. Some examples where the Board has decided to consider the environmental effects of upstream or downstream facilities as part of its NEB Act assessment include the Board's consideration of a U.S. power plant related to the Sumas Energy 2, Inc. project [see Ruling on the Environmental Effects Motion[2] and of certain provincially-regulated power plants related to the GSX Canada Pipeline Project[3]. Given the unique circumstances associated with each project, in addition to differences in the Board's authority under the CEA Act and NEB Act, applicants should consult the Regulatory Documents section of the Board's website for examples of the criteria the Board has applied in the past when deciding how to address upstream and downstream facilities in an application. [1] National Energy Board, OH-1-2007, Reasons for Decision, TransCanada Keystone Pipeline GP Ltd. (Facilities), September 2007, p. 45-46. |
For projects subject to assessment under the CEA Act, the NEB considers subsections 16(1) and 16(2) of the CEA Act, as applicable, when determining the factors to be considered in establishing the scope of the ESA.
Subsections 16(1) and 16(2) of the CEA Act state:
16. (1) Every screening or comprehensive study of a project and every mediation or assessment by a review panel shall include a consideration of the following factors:
(a) the environmental effects of the project, including the environmental effects of malfunctions or accidents that may occur in connection with the project and any cumulative environmental effects that are likely to result from the project in combination with other projects or activities that have been or will be carried out;
(b) the significance of the effects referred to in paragraph (a);
(c) comments from the public that are received in accordance with this Act and the regulations;
(d) measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the project; and
(e) any other matter relevant to the screening, comprehensive study, mediation or assessment by a review panel, such as the need for the project and alternatives to the project, that the responsible authority or, except in the case of a screening, the Minister after consulting with the responsible authority, may require to be considered.
(2) In addition to the factors set out in subsection (1), every comprehensive study of a project and every mediation or assessment by a review panel shall include a consideration of the following factors:
(a) the purpose of the project;
(b) alternative means of carrying out the project that are technically and economically feasible and the environmental effects of any such alternative means;
(c) the need for, and the requirements of, any follow-up program in respect of the project; and
(d) the capacity of renewable resources that are likely to be significantly affected by the project to meet the needs of the present and those of the future.
Local and traditional knowledge may also be considered when conducting an ESA.
It is critical that applicants apply section 16 of the CEA Act in order that assessments can be prepared accordingly.
Guidance - "Alternatives to" and "Alternative Means" under the CEA Act
Chapter 4, Subsection 4.2.2 provides guidance on economic feasibility, options, and justification for all NEB-regulated projects. For projects subject to an assessment under the CEA Act, consideration of alternatives may include:
- alternatives to the project, and
- alternative means of carrying out the project.
The CEA Agency's Operational Policy Statement "Addressing "Need for", "Purpose of", "Alternatives to" and "Alternative Means" under the Canadian Environmental Assessment Act" (November 2007), describes "alternatives to" the project as functionally different ways to meet the project need and achieve the project purpose, as generally established from the perspective of the applicant. The "need for" the project is the problem or opportunity that the project is intending to solve or satisfy; that is, the fundamental justification or rationale for the project. The "purpose of" the project is what is to be achieved by carrying out the project.
The "need for" and "purpose of" provides the context for considering alternatives. Thus, any alternatives to the Project that are not consistent with the "need for" and "purpose of" the project, or that are hypothetical or speculative, would be outside the scope of the assessment under the CEA Act.
When providing information on alternatives to the project, applicants must describe the process used to determine how the project-as-proposed is viable and is the preferred alternative.
Given that "alternatives to" are not the subject of the application to the NEB, the description of "alternatives to" is often conceptual in nature. The CEA Act does not require detailed consideration of the environmental effects associated with "alternatives to" the Project. However, applicants should still discuss:
- relative costs;
- technical viability
- benefits; and
- environmental and socio-economic considerations.
"Alternative means" are the various technically and economically feasible ways to implement and carry out the project. This could include alternative:
- locations;
- routes;
- construction methods;
- and mitigation.
The environmental effects of alternative means must be considered by the NEB for comprehensive studies and assessments by a review panel, and may be considered for screenings. As a result, the information provided by an applicant on "alternative means" must include:
- description of the "alternative means" and how or why they are technically, economically and environmentally feasible;
- identification of the environmental and socio-economic effects of the "alternative means"; and
- the rationale for selecting the preferred alternative means.
FYI - Reminder... Under the NEB Act, the NEB has a mandate to decide whether applications for the construction and operation of interprovincial and international pipelines and their associated facilities are in the present and future public convenience and necessity. In the GSX project, the Panel ruled that other ways of meeting the energy demands of Canadians, such as wind, solar and tidal power were not relevant to the Panel's public interest determinations under section 52 of the NEB Act because this information did not have sufficient connection or nexus to the application before the Board and would not inform its decision. [see Ruling on the Alternatives to the GSX Canada Pipeline Project[1]. In the context in which the phrase "alternatives to" arises in the CEA Act, generally, "alternatives to" a project may incorporate any feasible different methods for the transportation of oil and gas products (i.e., marine or land based transportation of liquefied or compressed natural gas by tanker, truck or railway car, as an alternative to a natural gas pipeline); not undertaking the project at all; and any feasible different project that would achieve the objectives of the proposed project, including possible pipeline expansions or looping by other proponents. Proposed alternatives that do not meet both the purpose of and need for the project, as defined by the proponent, may not be considered by the Board to constitute "alternatives to" the project under the CEA Act[2]. Given the unique circumstances associated with each project, in addition to differences in the Board's authority under the CEA Act and NEB Act, applicants should consult the Regulatory Documents section of the Board's website, using search terms such as "alternatives to", for examples of how the Board has considered these factors in past applications. [1] Joint Review Panel for the Georgia Strait Canada Pipeline Project, GH-4-2001, Joint Review Panel Report, Georgia Strait Crossing Pipeline Ltd., July 2003, Appendix D, Panel Rulings, Ruling: 20 January 2003. |
Scope of the Factors
The scope of the factors defines the:
- biophysical and socio-economic elements to assess; and
- spatial and temporal (i.e., distance and time) boundaries associated with the biophysical and socio-economic elements.
Additional guidance on determining the scope of the factors to be assessed is included in Subsections A.2.5 and A.2.6.
Determining the scope of the factors also helps to determine:
- the level of effort to be employed in the ESA; and
- the most relevant issues to the ESA.
A.2.4 Level of Detail
The nature of the project, together with the environmental and socio-economic setting, establish the extent of interactions between the project and the environment. Those interactions form the basis on which effects are predicted, and for understanding the appropriate level of detail needed about the setting, interactions, and predicted effects. The extent of public interest may also guide the applicant in determining the level of detail necessary.
Where the project may impact Aboriginal communities and affect the use of traditional territory or potential or established treaty or Aboriginal rights, applicants must identify the potentially-affected Aboriginal groups and carry out effective consultations with them to determine their views and concerns. If there are potential impacts, applicants must file information about the Aboriginal groups affected, the concerns they have raised, how the applicant will address the concerns and identify any outstanding concerns. The level of detail provided should reflect the nature and extent of the impacts, the nature of the rights or interests affected and the degree of concern expressed by Aboriginal groups.
The information provided by an applicant in its ESA must be of sufficient detail to allow the NEB to:
- dentify the spatial and temporal extent of interactions between the project and the biophysical and human environments;
- identify the potential effects of the project;
- identify the potential for the environment to affect the project; and
- determine the significance of those effects.
FYI - Example... As an example, a project crossing a small and ephemeral watercourse, during the dry period, with no activities or physical works within a fisheries-sensitive zone would likely require less detail on effects on fish and fish habitat than a project requiring in-stream construction work in a fish-bearing watercourse during spawning periods. The applicant must clearly rationalize the level of detail provided. This is typically reflected through the following:
|
The ESA must include both quantitative and qualitative information. Applicants must consider the extent to which detailed maps, survey and trend data, or diagrams or figures relating to specific areas of biophysical or socio-economic elements of interest or concern may enhance the assessment. The number and nature of biophysical and socio-economic elements considered within an ESA, and the supporting level of detail necessary, will vary depending on the setting and issues raised about the project.
Table A-1 below provides examples of the range of circumstances that may lead to the need for detailed information and considers all phases of an applied for project (construction, operation, maintenance and abandonment), including the potential for accidents and malfunctions during each phase. Where circumstances described in Table A-1 exist, Tables A-2 and A-3 describe the specific details to include in the assessment.
Table A-1: Circumstances and Interactions Requiring Detailed Biophysical and Socio-Economic Information
| Biophysical and Socio- Economic Elements | Circumstances and Interactions Requiring Detailed Information (considering all phases of the project including potential accidents and malfunctions during each phase) |
|---|---|
Physical and meteorological environment |
|
Soil and soil productivity |
|
| Vegetation |
|
| Water quality and quantity |
|
| Fish and fish habitat |
|
| Wetlands |
|
| Wildlife and wildlife habitat |
|
| Species at risk or species of special status and related habitat |
|
| Air emissions |
|
| Greenhouse gas (GHG) emission |
|
| Acoustic environment |
|
| Human occupancy and resource use |
|
| Heritage resources |
|
| Traditional land and resource use |
|
| Social and cultural well-being |
|
| Human health and aesthetics |
|
| Infrastructure and services |
|
| Employment and economy |
|
A.2.5 Description of the Environmental and Socio-Economic Setting
A description of the existing environmental and socio-economic setting within the study area (also known as "baseline information") is necessary to predict the effects of a proposed project. This baseline information provides a backdrop against which a project's effects are assessed, including the cumulative effects of a project. The applicant is not expected to provide extensive descriptions of features of the environment or socio-economic components that would clearly not be impacted by a proposed project.
Goal
The application describes the biophysical and socio-economic setting with sufficient detail to:
- identify the elements of importance in the area;
- identify project-environment interactions;
- identify, predict and determine the significance of effects of the project;
- identify and predict the effects of the environment on the project; and
- formulate appropriate mitigation measures and monitoring programs.
Filing Requirements
1. Identify and describe the current biophysical and socio-economic setting of each element (i.e., baseline information) in the area where the project is to be carried out. Include a map at an appropriate scale and describe:
- the study area(s), and how the study area(s) were established;
- the ecological land classification and key terrain features, such as mountains, rivers, lakes and other important features;
- the locations of any nearby communities and residences (permanent and temporary) and significant landmarks;
- current local economy and trends;
- current land and resource uses, including traditional land and resource uses;
- the potential to encounter heritage resources;
- the areas of physical and environmental constraints (e.g., biophysical, land use or natural resource use);
- consistency between the project and any regional land use plans;
- any environmentally-sensitive areas, sensitive habitats or areas of special concern (e.g., existing and candidate protected areas), including those identified through public or Aboriginal consultation, which influence facility routing or site locations;
- the locations of all proposed facilities; and
- a list of projects and/or activities in the project area.
FYI - Additional information... Where the current state of the environment has been significantly altered from the past, the applicant must describe how far back in time past activities are relevant and the past activities or past state of the environment. This may be particularly relevent for assessing cumulative effects or identifying a baseline for reclamation goals (e.g., for restoring native vegetation). |
2. Describe which biophysical or socio-economic elements in the study area are of ecological, economic or human importance and require more detailed analysis taking into account the results of consultation (see Table A-1 for examples). Where circumstances require more detailed information in an ESA, see:
- Table A-2 - Filing Requirements for Biophysical Elements; or
- Table A-3 - Filing Requirements for Socio-Economic Elements.
3. Provide supporting evidence (e.g., references to scientific literature, local and traditional knowledge, previous environmental assessment and monitoring reports) for:
- information and data collected;
- analysis completed;
- conclusions reached; and
- the extent of professional judgment or experience relied upon in meeting these information requirements, and the rationale for that extent of reliance.
4. Describe and substantiate the methods used for any surveys, such as those pertaining to wildlife, plants, species at risk or species of special status, soils, heritage resources or traditional land use, and for establishing the baseline setting for the atmospheric and acoustic environment. If the season for a particular survey was not optimal, discuss the limitations of survey results or indicate when and how additional surveys will be conducted.
5. Applicants must consult with other expert federal, provincial or territorial departments and other relevant authorities on requirements for baseline information and methods.
Guidance
Study Area
The study area(s) must be of sufficient size to encompass the spatial boundaries of the project and any related physical works or activitites (e.g., compressors, pump and meter stations, storage facilities, access roads).
The study area must also be of sufficient size and orientation to encompass all areas where valued components may be affected by the project, for example:
- areas downstream;
- areas downwind;
- areas in which the project may be within the range of vision;
- species' home ranges and migratory patterns;
- the emergency planning zone;
- affected communities and known or asserted areas of Aboriginal traditional land and resource use; and
- areas in which infrastructure is affected or new or enhanced infrastructure would be needed.
Typically, the study area encompassing the above-noted areas extends beyond a narrow corridor or project site. Subsection A.2.7 provides additional guidance on the study area for a cumulative effects assessment.
Source of Baseline Information
Baseline information must include both scientific information and local and traditional knowledge.
Information sources and data collection methods used for describing the baseline environmental and socio-economic setting may consist of:
- field studies, including site-specific survey methods;
- database searches, including federal, provincial, territorial and local data banks;
- field measurements to gather data on ambient or background levels for air quality or acoustic environment;
- remote sensing information;
- literature reviews;
- literature produced by government agencies and academic institutions;
- renewable resource harvest data;
- expert, community and traditional knowledge interviews (e.g., with regulatory agencies, Aboriginal groups, community and nature conservation groups, as well as with local residents, landowners and land users); and
- statistical surveys, as applicable.
The validity and accurancy of baseline information used in the ESA must be supported by:
- describing and substantiating the sampling, survey and research protocols or techniques followed for each information source or data collection method used;
- indicating that proper record-keeping practices have been implemented to maintain survey results for future reference, including measures to respect confidentiality of sensitive information contained in Aboriginal traditional land and resource use studies; and
- wherever appropriate, quantifying and analyzing any statistical survey data obtained.
FYI - See also... Additional guidance on baseline information for a cumulative effects assessment is provided in Subsection A.2.7. |
Identifying Need for Detailed Biophysical and Socio-Economic Information
Additional biophysical and socio-economic information must be included with the application if there is evidence of public concern, or if any of the circumstances identified in Table A-1 exist. Tables A-2 and A-3 describe the specific details that should be included.
Applicants are reminded that detailed information is only required for the elements that are identified as having potential environmental or socio-economic effects. Further, a clear and defensible explanation should be provided as to why any element in Table A-3 is not addressed.
A.2.6 Effects Assessment
Goal
The application includes information on the potential biophysical and socio-economic effects of the project, with enough detail to:
- predict and analyze the nature and extent of those effects;
- identify mitigation options to protect the biophysical and socio-economic environment, and analyze their effectiveness; and
- determine the significance of any effects remaining following mitigation, including the significance of cumulative effects.
A.2.6.1 Identification and Analysis of Effects
Filing Requirements - Scoping and Analysis of Cumulative Effects
1. Describe the methods used to predict the effects of the project on the biophysical and socioeconomic elements, and the effects of the environment on the project.
This Manual assumes a valued component based approach to effects assessment where the application focuses on those biophysical or socio-economic elements, or a subset of those elements (see guidance below), that may be affected by a project and are of concern or value to the public and Aboriginal groups. Applicants must identify valued components for which effects are predicted and explain why and how the valued components were identified.
If another method is used to assess potential effects on the biophysical and socio-economic elements described in Tables A-1, A-2, and A-3, then provide the details and rationale on that method.
Provide the details of any important aspects of uncertainty associated with the analysis.
Where professional knowledge or experience is cited, describe the extent of professional judgment or experience relied upon, the rationale for. that extent of reliance and how the resulting conclusions or decisions were reached.
2. Predict the effects associated with the proposed project, including those that could be caused by construction, operations, decomissioning or abandonment, as well as accidents and malfunctions. Also include effects the environment could have on the project.
FYI - Reminder… If there are no predicted interactions between project activities and a particular biophysical or socioeconomic element, then no further analysis is necessary for that element. Instead, provide a sufficient description of the project or setting to demonstrate why no interactions are predicted. |
For those biophysical and socio-economic elements or their valued components that require further analysis (see Table A-1), provide the detailed information outlined in Tables A-2 and A-3. This must include, but is not limited to, a description and quantification of:
- spatial and temporal boundaries for the effects analysis of each biophysical or socioeconomic element or valued component associated with the project;
- local and regional conditions of each biophysical or socio-economic element or valued component (i.e., location, distribution, abundance, status, sensitivity to the project, ability to recover, and natural variation of valued components, as appropriate), including how this is expected to change from baseline if the project were to proceed;
- factors influencing change, the limiting factors, and the natural variation for each valued component, if known;
- magnitude and reversibility of any predicted change from baseline conditions;
- local, regional and federal management objectives (e.g., recovery strategies, action plans, management plans and land use plans) and thresholds, and identify how the effects of the project relate to such strategies, plans, objectives or thresholds;
- methods used for any modelling, including the assumptions used and limitations of the models; and
- information about reporting requirements for all levels of government (e.g., for GHGs), if applicable.
For each valued component, provide or reference any supporting information used in the project effects analysis, such as:
- public comments;
- consultations with other regulators and departments or agencies;
- scientific literature;
- local and traditional knowledge;
- status reports;
- approved recovery strategies, action plans and management plans for species at risk; and
- follow-up studies and case studies from other projects;
FYI - See also... Filing requirements specific to cumulative effects assessment are provided in Subsection A.2.7. |
Guidance - Identification and Analysis of Effects
The identification and analysis of project effects builds directly on scoping, the description of the environmental and socio-economic setting, and the level of detail considerations described above.
Typically, applicants use a valued component approach to focus the effects analysis on practical and representative components of the biophysical and socio-economic environment. Valued components could be the broad elements described in Tables A-1, A-2 and A-3 or a representative subset of those elements. In that way, the analysis of potential effects focuses on the components of those biophysical or socio-economic elements where project-environment interactions are more readily assessable, and on the interactions that may be of concern to the public or Aboriginal groups (often termed Valued Environmental Components [VECs] or Valued Socio-Economic Components [VSCs]).
The valued components selected must:
- be indicative of predicted effects that could result from the project over time;
- have baseline data available in order to determine the significance of effects; and
- be able to reflect measurable changes that result from the project effects over time.
The analysis should result in an understanding of where uncertainty about project-environment interactions may exist, or where information gaps necessary to predict effects may remain.
Spatial and Temporal Boundaries
The spatial and temporal boundaries must:
- be provided for each valued component, along with a rationale for selecting those boundaries;
- include the area over which effects on the valued components may occur. This area could include a population boundary, home range, airshed, watershed, Aboriginal traditional land and resource use areas, or municipal or regional planning districts;
- include the duration that each valued component may be affected;
- consider the effects of the project on the valued component and the extent to which those effects are measurable;
- include all phases of the project; and
- not be constrained by jurisdictional boundaries.
Analysis
The analysis methods must be fully disclosed and meet the study needs. In addition to meeting the requirements of other regulations (e.g., Species at Risk Act [SARA], Migratory Bird Convention Act [MBCA], Navigable Waters Protection Act [NWPA], etc.), the analysis of project effects must take into account local, regional and federal policy or management objectives (e.g., recovery strategies, action plans, management plans and land use plans) and thresholds. Where there are no management objectives or thresholds, include information on the current state of knowledge on the valued component. After a review of the available literature, if the state of knowledge is incomplete or there is substantial uncertainty, identify any information gaps, and indicate if and how they will be filled. Where uncertainty exists about the project effects on a valued component, describe how the inspection and monitoring program will reduce the uncertainty.
Where there is applicable local and traditional knowledge, it must be included in the ESA. See Section 3.3 - Consultation, for further details on consulting with Aboriginal persons and groups and gathering traditional knowledge.
Effects Assessment for Accidents and Malfunctions
Accidents and malfunctions are a key consideration for projects under the NEB's jurisdiction. As noted in Subsection A.2.3, the NEB is required to assess the potential environmental effects of accidents and malfunctions for projects subject to assessment under the CEA Act.
The prevention of any accidents and malfunctions associated with NEB-regulated projects is the NEB's goal. In the event an accident or malfunction does occur, the Board will hold its regulated companies accountable for an appropriate response under their Emergency Preparedness and Response Programs. These programs are required by the OPR-99 (see Subsection A.2.8) and other project-specific plans and requirements.
The applicant's ESA must identify and assess the effects on workers, the public, and biophysical and socio-economic elements of all potential accidents and malfunctions.
Accidents and malfunctions and associated emergencies can result from numerous events, including pipeline and equipment failure, human error, natural perils such as tornadoes, hurricanes, floods, or earthquakes, and terrorism or other criminal activities. Multi-hazard emergencies, such as an earthquakes, may cause pipeline breaks, fires and explosions, which result in injury and further property damage.
The level of detail provided on potential effects of accidents and malfunctions will depend on the:
- type, scale, and location of the proposed project;
- type(s) and characteristics of product(s) to be transported or processed;
- environmental and socio-economic sensitivities within potentially affected areas; and
- the extent to which an applicant's existing Emergency Preparedness and Response Program and other plans and manuals address the issues and concerns about the proposed project.
Abandonment, Deactivation, and Decommissioning
The abandonment of a facility requires an application to the Board and a public hearing under the NEB Act, as described in Guide B (Abandonment). An abandonment application also requires an environmental assessment under the CEA Act. Pipeline deactivation and decommissioning activities may also be subject to regulatory provisions within the OPR-99. Applicants must consult those regulations and associated guidance notes as appropriate.
The CEA Act also requires an assessment of abandonment and decommissioning activities when applying to construct and operate a project. However, given the subsequent application process and environmental and socio-economic assessments required by the NEB for these activities, the NEB typically examines these activities and their effects in a broad context only.
The level of detail provided may be constrained by the uncertainties inherent with forecasting a phase of the project that may be several decades in the future. However, an applicant is still required to provide a preliminary abandonment plan as part of its ESA to support its estimates of funds required by the NEB to be set aside during the life of the pipeline for abandonment. The plan should:
- describe what pipeline components would be removed, reused or left in place and provide the rationale for doing so. Where site specific situations require special methodology then details should be provided;
- provide the reclamation objectives or principles to be applied to abandonment;
- provide sufficient information to demonstrate that abandonment of the project will return the right of way to a state comparable with the surrounding environment; and
- be developed in consultation with the persons or groups potentially affected.
A.2.6.2 Mitigation Measures
Filing Requirements - Mitigation Measures
1. Describe the standard and project specific mitigation measures and their adequacy for addressing the project effects, or clearly reference specific sections of company manuals that provide mitigation measures. Ensure that referenced manuals are current and filed with the NEB.
FYI - Reminder... See Section 1.6 - Previously Filed Material, for guidelines on referring to information already filed with the Board. |
- If more than one mitigation measure is proposed as a possibility for any particular effect, provide the applicable criteria for selecting the mitigation to use, or describe how measures would be combined to mitigate against a single effect.
- If new mitigation measures are to be used, provide any test results or a technically-based rationale for their use and describe how their effectiveness will be evaluated.
- Ensure mitigation measures are appropriate for the scale of impacts predicted.
- If project effects cannot be avoided, mitigation must reduce or compensate for them.
- Where an applicant hires a third party to prepare its ESA, provide a statement committing to adopting and implementing all mitigation recommendations included in the ESA. Explain any mitigation recommendations not adopted and provide alternative approaches, as appropriate.
- Identify the conditions of approvals or permits required by other regulatory bodies related to the mitigation of environmental or socio-economic effects.
2. Ensure that commitments about mitigative measures will be communicated to field staff for implementation through an Environmental Protection Plan (EP Plan). An EP Plan might be simple and concise for smaller, less complex projects but for certain projects (see guidance below), the NEB may require a comprehensive EP Plan. An EP Plan must include all environmental commitments specific to the project and include or cross-reference other plans and programs relied on. Describe any plans or programs that may be used to mitigate potential effects (e.g., waste management plans, invasive species plans, horizontal directional drill contingency plans, heritage resource discovery contingency plans, etc.).
3. Describe plans and measures to address potential effects of accidents and malfunctions during construction and operation of the project (see guidance under Identification and Analysis of Effects, Accidents and Malfunctions in Subsection A.2.6). Under the OPR-99 and associated guidance material, companies are required to have a Security and Emergency Preparedness and Response Program (see Subsection A.2.8). This program must be submitted or referenced for each application.
Guidance - Mitigation Measures
Mitigation measures are:
- developed during a project's feasibility study;
- developed during project design;
- defined in the project plan;
- refined as the ESA progresses and the project's predicted environmental and socio-economic effects become more certain; and
- may be standard or project-specific measures.
The identification and analysis of effects and mitigation measures may be presented together.
Mitigation Options
At the application stage of the proposed project, many mitigation measures may still be tentative, subject to further detailed design and to site-specific environmental conditions. For these cases, the ESA must describe:
- the different mitigative options available and being considered; and
- the criteria that would be used for selecting the actual mitigation to be implemented.
Including the options and selection criteria for contingency measures in an EP Plan may avoid having to submit variance applications to the NEB if changes in field conditions require use of construction alternatives.
FYI - Reminder... In some cases, the proposed route or site, route segments, facility design or construction methods may themselves be forms of environmental mitigation when compared to alternative routing, design or construction methods. This may be demonstrated in the application's discussion of alternatives (see Subsections 4.2.2 and A.2.3) by:
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Construction Methods
An applicant must justify its proposed construction method and why this method is the best alternative. Applicants should consider construction methods that minimize environmental and socio-economic effects while allowing for safe and efficient installation of a pipeline. For example, low impact pipelining uses a narrower strip of land to excavate the trench, install the pipe, compact the subsoil and replace the topsoil all in one continuous operation. This method has been effective in minimizing adverse impact on agricultural land, forested land and sensitive habitats, such as native prairie. When using this method, topsoil disturbance is reduced, with stripping just slightly wider than the trench. Once the pipeline is lowered into place, the subsoil is returned to the trench and mechanically compacted in layers. The topsoil is then replaced over the levelled trench and land is immediately available for production.
The applicability of low impact pipelining methods will vary according to pipe diameter, topography, and other project-specific factors. However the principles of minimizing disturbance to the land and optimizing construction efficiencies typically result in lesser environmental effects.
Environmental Protection Plan (EP Plan)
Although the NEB expects an EP Plan to be prepared for all projects, the size and scope of an EP Plan will vary. An EP Plan is specific to a project or activity and is a tool to communicate a company's environmental protection procedures and mitigation measures to employees, contractors, and regulators. The purpose of an EP Plan is to document and communicate all project-specific environmental commitments made by an applicant and the associated mitigation measures in a clear and user-friendly format.
The NEB may request a comprehensive EP Plan during the examination of an application, or as a condition of approval to be complied with before construction. The NEB may expect a comprehensive EP Plan to be filed under the following circumstances:
- when the applicant does not have up-to-date company manuals on file with the NEB that document its environmental protection procedures;
- if site-specific or project-specific mitigation or protection measures are provided by the applicant as commitments to avoid or address predicted adverse environmental effects in the application; or
- if the application and assessment process is lengthy or complex, and environmental protection measures and commitments are contained in several different places or documents. (e.g., responses to information requests).
Comprehensive EP Plans are typically required for larger facility applications under section 52 or 58 of the NEB Act. In these circumstances, the NEB encourages companies to submit a draft EP Plan containing all preliminary environmental protection and mitigation measures with their application to assist the NEB in assessing the application. Should the project be approved, the NEB often requires the company to file an updated EP Plan before starting construction.
When preparing its EP Plan, an applicant should consider:
- identifying specific goals for protecting environmental elements and addressing socioeconomic elements;
- describing the environmental protection objective for each goal, and providing mitigative options to meet those objectives based on site-specific conditions; and
- providing decision-making criteria for choosing which measures and procedures to implement and under what circumstances for each objective.
Draft EP Plan
If a draft EP Plan is filed with the application, it should contain:
- the purpose of the EP Plan, a summary of the project with a map, and a description of how environmental compliance would be met for the project;
- the resource-specific mitigation to be applied for the project, and the general environmental protection measures for each phase of construction;
- (or reference) relevant construction specifications and drawings to execute environmental mitigation measures, and the corresponding environmental alignment sheets;
- (or cross-reference) other more detailed plans as applicable (e.g., waste management plan, emergency and security management plans, contingency plans, and other element-specific management plans and programs);
- the assignment of accountabilities and responsibilities for carrying out practices and procedures, making criteria-based decisions and confirming compliance with the EP Program (required by the OPR-99) and EP Plan; and
- a table of contacts for reporting environmental incidents as required by other regulators (and the OPR-99).
Final EP Plan
A final comprehensive EP Plan must:
- include all items required in a draft EP Plan;
- if relevant, include an amendment or concordance table detailing changes from the draft to final version of the EP Plan;
- incorporate all environmental commitments made during the NEB application assessment process, including all requirements set out in permits, orders, certificates, or any other authorizations;
- include a copy of the CEA Act environmental assessment completed by the NEB;
- include additional requirements as a result of season-specific field surveys conducted before construction;
- include the GPS locations for environmentally-sensitive areas identified in the surveys; and
- include updated environmental alignment sheets summarizing all pertinent environmental issues and the corresponding mitigation measures that will be implemented during construction.
Variances to the EP Plan
It is the responsibility of the company to apply to the Board for variances to the commitments made in the application, in the application assessment process or as required in the project approval conditions. It is therefore of benefit to the applicant to incorporate decision making criteria for choosing which measures and procedures to implement and under what circumstances. Where this is done, there may be sufficient flexibility to respond to changes that result in the field without filing a variance application.
Further information about variation applications can be obtained from the NEB Operations Project Manager assigned to the project or activity.
Waste Management Plan
A waste management plan for the control of contaminated and non-contaminated waste from the project is required. The plan must describe the purpose of the plan, the types of waste anticipated, the resulting prevention and mitigation measures to be applied to manage that waste, and how any relevant reporting requirements will be met. The plan must also include a reporting structure, contact list and reference to other applicable legislation.
Mitigation for Potential Effects of Accidents and Malfunctions
An applicant's Pipeline Intergrity Management Program, Monitoring and Surveillance Program, Training Program, and Safety Program, among other plans and programs, must be considered as part of its mitigation of potential effects of accidents and malfunctions. All of these programs are required under the OPR-99 (see Subsection A.2.8).
There may also be project-specific plans and commitments an applicant should consider as part of its mitigation of potential effects of accidents and malfunctions. As noted in Subsection A.2.8, these must also be incorporated into a company's Security and Emergency Preparedness and Response Program and other programs as appropriate.
A.2.6.3 Evaluation of Significance
Filing Requirements - Evaluation of Significance
1. After taking into account any appropriate mitigation measures, identify any remaining residual effects from the project.
2. Describe the methods and criteria used to determine the significance of adverse effects, including defining the point at which any particular effect on a valued component is considered "significant".
3. Evaluate the significance of residual adverse environmental and socio-economic effects against the defined criteria.
4. Evaluate the likelihood of significant, residual adverse environmental and socio-economic effects occurring and substantiate the conclusions made.
Guidance - Applicant's Evaluation of Significance
Evaluating environmental and socio-economic effects consists of assessing:
- whether the effects are adverse;
- whether the adverse effects are significant; and
- whether the significant adverse effects are likely.
A common way for an applicant to assess project effects is to compare the quality of the existing environment with the predicted quality of the environment if the project is approved and built. The direction of change to the environment may be adverse, neutral or beneficial.
The following criteria may be useful in assessing the significance of a project's adverse effects:
- magnitude;
- duration;
- frequency;
- geographic extent;
- ecological context; and
- reversibility or degree of permanence.
In applying these criteria to each residual effect, an applicant must define each criteria and the range considered within each criteria. To help evaluate the significance of a particular effect and define the point at which it becomes "significant", consider providing rating attributes (e.g., low / moderate / high) for each significance criteria and defining the range of each attribute. An applicant must also describe how each criterion or combination of criteria was used to reach the applicant's significance conclusion.
Definitions for rating criteria are expected to be quantitative and based on standards, guidelines, objectives or other established and accepted ecological thresholds. In the absence of any such references or regulatory guidance, or where these are not quantitative (e.g., it may not be appropriate to set thresholds to determine "acceptable levels of change", in relation to all socioeconomic effects), then rating attribute definitions must be qualitative and based on available research literature. Applicants must also consider the level and nature of concerns raised by the public and address issues of concern to Aboriginal groups potentially affected by the project.
The significance of adverse effects could also be assessed by comparing effects to conformity requirements within approved land use plans or conducting a quantitative risk assessment.
Where professional judgement is used to determine the significance of adverse effects, the extent of reliance on professional judgement must be described and rationale for the extent of the reliance must be provided. An applicant's ESA must provide an evaluation of the likelihood and significance of any adverse environmental effects, for consideration by the NEB.
Assessing the likelihood of significant adverse effects must be based on the probability of occurrence and state the level of scientific uncertainty. If a qualitative determination of the likelihood of significant adverse effects is used, provide a clear rationale and supporting information.
A.2.7 Cumulative Effects Assessment
Goal
The application must include information about the interactions between predicted residual environmental and socio-economic effects of the project and effects from other projects or activities that have been or will be carried out. This information must provide enough detail to:
- identify and analyze predicted cumulative environmental and socio-economic effects;
- identify proposed mitigation measures to protect the environment and address socioeconomic effects, and to analyze their effectiveness; and
- evaluate the significance of any predicted cumulative effects.
A.2.7.1 Scoping and Analysis of Cumulative Effects
Filing Requirements - Scoping and Analysis of Cumulative Effects
1. Identify the valued components for which residual effects are predicted, and describe and justify the methods used to predict any residual effects.
FYI - Additional Information… Both significant and non-significant residual effects of a project may contribute to cumulative effects and must be considered. Residual effects are those effects remaining after implementing the applicant's mitigation measures. If the applicant can clearly demonstrate that no residual effects are predicted, further analysis of cumulative effects is not required. |
2. For each valued component where residual effects have been identified, describe and justify the spatial and temporal boundaries used to assess the potential cumulative effects.
3. Identify other physical works or activities that have been or will be carried out within the identified spatial and temporal boundaries for the cumulative effects assessment.
4. Identify whether the effects of those physical works or activities that have been or will be carried out would be likely to produce effects on the valued components within the identified spatial and temporal boundaries.
5. Where other physical works or activities may affect the valued components for which residual effects from the applicant's proposed project are predicted, continue the cumulative effects assessment, as follows:
- Consider the various components, phases and activities associated with the applicant's project that could interact with other physical works or activities.
- Provide a description of the extent of the cumulative effects on valued components.
- Where professional knowledge or experience is cited, explain the extent to which professional knowledge or experience was relied upon and justify how the resulting conclusions or decisions were reached.
Guidance - Scoping and Analysis of Cumulative Effects
Cumulative Effects Assessment
Assessing cumulative effects typically requires the same method of analysis as described in the project-specific effects assessment. As discussed in Subsections A.2.3 to A.2.6., the baseline information, project description and project-specific mitigation measures already captured in the application must be provided in enough detail to characterize the extent of the residual effects of the project.
Subsection A.2.6 and Tables A-2 and A-3 outline the type of information required for a projectspecific effects assessment. Although the tables also make specific note of information required for a cumulative effects assessment for valued components, all information requirements contained in the tables should be evaluated, as appropriate, as a guide for applicants in completing a cumulative effects asessment.
A cumulative effects assessment differs from a conventional project-specific effects assessment in that it typically includes:
- larger geographic study areas;
- longer time frames;
- environmental and socio-economic effects associated with physical works or activities that may not be directly related to the applied for project (e.g., upstream or downstream facilities not within the Board's jurisdiction, a proposed highway project or residential sub-division in the study area, ongoing forestry or agricultural activities); and
- spatial boundaries that are generally not constrained by jurisdictional boundaries.
The level of effort and scale of the cumulative effects assessment should be appropriate to:
- the nature and context of the project under assessment;
- its potential residual effects; and
- the environmental and socio-economic setting (e.g., an increased level of detail may be required when rapid or intensive development of the region has occurred or is anticipated, or particular environmental or socio-economic sensitivities or risks are involved, such as significant Aboriginal traditional use).
Applicants should consult the CEA Agency's Operational Policy Statement "Addressing Cumulative Environmental Effects under the Canadian Environmental Assessment Act" (November 2007) and the documents referenced in that statement for additional guidance.
Other Physical Works or Activities
Provide clear reasoning, with supporting rationale, for selecting the other existing and future physical works or activities to be included within the cumulative effects assessment. When identifying other physical works or activities, include those physical works or activities likely to take place as opposed to those not reasonably foreseeable or hypothetical.
Consideration of other physical works or activities that have been or will be carried out within the defined spatial and temporal boundaries must, at minimum, include:
- existing projects and activities;
- those physical works or activities for which formal plans or applications have been made or are likely to occur; and
- other projects upon which the economic or financial feasibility of the proposed project is contingent, even if formal plans or applications have not yet been made.
The Courts have said that the decisions of responsible authorities are not required to "consider fanciful projects by imagined parties producing purely hypothetical effects"[5]. However, the NEB does have discretion to consider future development scenarios if it is reasonable to anticipate that that the applied for project could contribute to the potential cumulative effects resulting from such future development (i.e. if the economic feasibility of the applied for project is contingent upon the future development). The extent to which an applicant must consider the effects associated with other future physical works and activities and the associated depth of analysis will depend upon the relative contribution of the applied for project to the predicted cumulative effects.
[5] Bow Valley Naturalists Society v. Canada (Minister of Canadian Heritage), [2001] F.C.J. No. 18 (F.C.A.) at para. 75
Where intensive or expansive development of the region is occuring or anticipated, details regarding the flexibility of project-specific mitigation and monitoring strategies become particularly important and should also be provided with the application to demonstrate the ability of the applicant to adapt its plans in the future should the resulting cumulative effects differ from those predicted (further Filing Requirements and Guidance for project related monitoring are provided in Subsection A.2.8 below).
The Board recognizes that an applicant's depth of analysis in assessing the effects associated with other future physical works and activities will depend on the feasibility and practicality of assessing the effects associated with those works and activities. For example, future effects associated with projects not within the direct control of the applicant and for which there is limited information, or which are still in early planning stages, are inherently more challenging to asess. Despite this, an applicant should use the best available information or undertake additional work to assess these potential effects. Any uncertainties associated with the information used and any assumptions or limitations associated with the analysis must be explained.
A.2.7.2 Mitigation Measures for Cumulative Effects
Filing Requirements - Mitigation Measures for Cumulative Effects
Describe the general and specific mitigation measures, beyond project-specific mitigation already considered, that are technically and economically feasible to address any cumulative effects.
- If appropriate, provide any additional mitigation measures being considered as alternatives to the preferred cumulative effects-specific measures (e.g., adaptive or contingency measures).
- If more than one mitigation measure is available for any particular cumulative effect, then provide the criteria that would be applied to select the mitigation to use (e.g., for the application of contingency plans).
- If new or unproven mitigation measures are to be used, provide any test results or a technically-based rationale for their use and describe how their effectiveness would be evaluated.
- Indicate the likelihood of success in reducing or avoiding cumulative effects by the application of the mitigation measures identified.
Guidance - Mitigation Measures for Cumulative Effects
Mitigation of cumulative effects may include broader-scale planning measures or initiatives to reduce interactions and effects from multiple projects or activities. Potentially effective mitigation of cumulative effects may not be within the direct control of, or undertaken by, the applicant. For example, operators may have cooperation plans in place to prevent simultaneous occurence of activities or projects, or multiple operators may cooperatively make use of existing disturbed areas to prevent new disturbances. Further, regional-level multi-stakeholder planning initiatives may also be evaluated as a means to mitigate cumulative effects. Where such measures or initiatives are in place, an applicant should clearly explain why the identified mitigation would be appropriate to mitigate any cumulative effects. If the mitigation is not within the direct control of the applicant, it should state who would implement the mitigation and how that responsible party intends to monitor implementation of the mitigation.
Various forms of compensation (e.g. habitat offsets) should also be considered as part of an applicant's proposed mitigation, as appropriate.
If monitoring or research programs are identified as a means to adaptively manage cumulative effects, the applicant should explicitly identify how those programs will be used to avoid or reduce effects (i.e., which management actions will be triggered when certain ecological or socio-economic effects are identified, or thresholds reached).
A.2.7.3 Applicant's Evaluation of Significance of Cumulative Effects
Filing Requirements - Applicant's Evaluation of Significance of Cumulative Effects
1. After taking into account any appropriate mitigation measures for cumulative effects, identify the remaining residual cumulative effects .
2. Describe the methods and criteria used to determine the significance of remaining adverse cumulative effects, including defining the point at which each identified cumulative effect on a valued component is considered "significant".
3. Evaluate the significance of adverse residual cumulative effects against the defined criteria. If the total cumulative effect on a given valued component is considered significant, describe the incremental increase in total cumulative effects caused by the project.
4. Evaluate the likelihood of significant, residual adverse cumulative environmental and socio-economic effects occuring and substantiate the conclusions made.
Guidance - Applicant's Evaluation of Significance of Cumulative Effects
Refer to Subsection A.2.6 for guidance on evaluating the likelihood and significance of adverse residual environmental and socio-economic effects on a project-specific basis. The key difference between determining the significance of project-specific effects versus cumulative effects is the consideration of other physical works and activities. The evaluation of significance must focus on the total cumulative effect that may be created from all physical works and activities considered in combination with the proposed project. The definition of significance must be clearly explained and take into account local, regional and federal policy and management objectives (e.g. recovery strategies, action plans, management plans and land-use plans) and thresholds.
A.2.8 Inspection, Monitoring, Follow-up and Operation
Goal
The application describes the environmental protection plans and programs that will be in place to anticipate, prevent, mitigate and manage potentially adverse environmental effects over the life of the project.
Filing Requirements
1. Describe inspection plans to ensure compliance with biophysical and socio-economic commitments, as required by Section 27 of the OPR-99. A project-specific environmental protection plan (EP Plan) must be sufficiently detailed to demonstrate adequacy and effectiveness and must:
- identify those positions accountable and responsible for monitoring and ensuring environmental compliance, and confirm they are independent of the contractor, as required by Sections 53 and 54 of the OPR-99;
- reference inspection procedures, and describe the accountability and reporting structure for environmental inspectors; and
- describe minimum qualifications and experience, including training requirements of individuals who will be undertaking inspection and monitoring responsibilities, as required by Sections 46 and 54 of the OPR-99.
2. Evaluate the need to monitor the elements potentially affected by the project. The monitoring program must be sufficiently detailed to demonstrate its adequacy and effectiveness and must include:
- methods for:
- identifying and tracking environmental and socio-eonomic issues;
- resolving any environmental and socio-economic issues specific to the project, including any sampling programs or site-specific investigations as appropriate; and
- monitoring the effectiveness of mitigation and reclamation, based on established reclamation criteria (see requirements of individual elements in Table A-2) as well as the applicant's performance measures and targets for each mitigation measure;
- the frequency or schedule for implementing the procedures listed above; and
- the criteria for assigning specific monitoring procedures to environmental and socioeconomic issues.
3. Evaluate the need for element-specific follow-up programs, as specified by the CEA Act, to verify the accuracy of the ESA predictions and to determine the effectiveness of any mitigation measures implemented, particularly those mitigation measures that are new or unproven or are used in vulnerable and sensitive areas.
The NEB, together with other responsible authorities identified under the CEA Act for a project, will make a final determination on whether a follow-up program is needed and for which areas. This determination would likely result in a condition on any approval.
Guidance
The NEB recognizes three categories of verification conducted by the applicant. These apply both during and upon completion of construction through the life of the facility:
1. Inspections to confirm both implementation of commitments made during the application process and fulfillment of NEB-approval conditions to promote safety and environmental protection;
2. Monitoring to:
- confirm the effectiveness of an element-specific program;
- confirm if mitigation objectives for a specific project, program, or the continued operation of the project have been met; and
- identify and address any potential short term and long term issues or effects experienced, but not predicted.
The Board may require, as a condition of project approval, the applicant to file post-construction monitoring reports after the completion of construction. The time period for required reporting can vary, but typically ranges from one to five years following the commencement of project operations. Projects requiring a longer period of time to reach reclamation goals (e.g., work in areas difficult to revegetate, such as native prairie) may be required to submit monitoring reports over a longer time period.
3. Follow-up on identified elements or issues of concern to:
- verify the accuracy of the environmental assessment; and
- determine the effectiveness of any measures taken to mitigate the adverse effects of the project.
A "follow-up" program refers to a specific action taken under the CEA Act that meets the requirements defined by the CEA Agency's Operational Policy Statement "Follow-Up Programs under the Canadian Environmental Assessment Act" (2008). A "follow-up" program determines the accuracy of the conclusions of the environmental assessment and the effectiveness of the mitigation measures. A "monitoring" program verifies whether mitigation measures were implemented and effective. A monitoring program and a follow-up program may overlap, as some types of monitoring may be required to complete a follow-up program.
A follow-up program may be appropriate when:
- the project or activity is contributing to regional issues of concern;
- the project involves new or unproven technology or is not routine in nature;
- the project involves new or unproven mitigation measures and the ability to reduce effects is uncertain;
- a familiar or routine project is proposed in a new or unfamiliar environmental and socioeconomic setting; or
- there is some uncertainty about the effectiveness of mitigation measures.
Revisions to Applicant Plans and Programs
The NEB encourages applicants to use its current and relevant plans and programs to support the inspection, monitoring and follow-up components of its application. If these plans or programs have been previously filed with the Board, provide the document title, version number, latest revision date, date of filing and the NEB file number. Refer to Section 1.6 for more information regarding these documents. If a project is approved, applicants must file any updates required to incorporate the approved project.
Onshore Pipeline Regulations, 1999
The OPR-99 is the primary piece of legislation used by the NEB to regulate the design, construction, operation and abandonment of pipelines. The OPR requires compliance to CSA Standard Z662, the oil and gas pipeline system standard and also requires the creation of manuals and programs to ensure environmental protection for the life of the pipeline. In addition, the OPR requires companies to:
- develop a monitoring and surveillance program for the protection of the pipeline and associated facilities, the public and the environment;
- develop and implement an environmental protection program that is company-wide, to anticipate, prevent, mitigate and manage conditions with the potential to adversely affect the environment;
- develop and implement a training program for any employee of the company directly involved in the operation of the pipeline and associated facilities. The training includes instruction on responsible environmental practices and procedures used in day-to-day operations;
- develop a program for monitoring changes in design, specifications, standards or procedures;
- have an emergency procedures manual and applicable procedures in place to deal with potential effects and threats to people, property and the environment. On 24 April 2002, the Board issued an all company letter further clarifying its requirements related to Security and Emergency Preparedness and Response Programs. Applicants are directed to that letter, available on the NEB's website, for additional information; and
- restore the right-of-way and temporary work areas of the project to a condition similar to the surrounding environment and consistent with the current land use after construction.
The OPR-99 contains Guidance Notes to assist interested parties in understanding how the OPR requirements could be met. The actual methods used to meet the requirements are at the discretion of each applicant, and the onus is on each applicant to maintain adequate records and demonstrate to the Board, when requested, the adequacy and effectiveness of the methods employed.
Table A-2: Filing Requirements for Biophysical Elements
FYI - Reminder… Filing Requirements for an effects assessment are described in Subsections A.2.5 and A.2.6. Table A-1 in Subsection A.2.4 provides examples of the circumstances and interactions that lead to the need for detailed information and considers all phases of an applied for project (construction, operation, maintenance and abandonment), including the potential for accidents and malfunctions during each phase.Table A-2 was designed to assist applicants in identifying the required information specific to individual biophysical elements.The elements and circumstances described in the tables are not exhaustive. Applicants must adapt the framework below to logically present the detail and analysis of their particular projects. Where project effects may overlap different element categories, it may be appropriate to define a more suitable or specific element or valued component. For example, where there is a risk of soil contamination reaching groundwater, then "groundwater contamination" might be an appropriate element to assess. This could more accurately focus on the issue of concern, avoid repeating information under both soils and water categories, and provide a more focused assessment. |
| Physical and Meteorological Environment | |
|---|---|
| Filing Requirements | Guidance |
1. Describe the general topography of the project area and any particular physical features crossed by the project or which may affect the project. 2. Identify any areas of ground instability. 3. Identify areas of potential wind or water erosion. 4. Describe the local and regional climate. Also identify the potential for extreme weather events, such as wind, precipitation, and temperature extremes. 5. Identify any areas with potential for acid-generating rock and describe the effects if exposed as a result of the project. 6. Identify and describe any areas with permafrost conditions. 7. Describe how local or regional physical and meteorological conditions could affect the project, including how changing conditions may affect the project over the lifetime of the project. |
This section provides information on factors or elements of importance that may affect project design. Give special consideration to the following components which may be either directly or indirectly affected by the project or which may impact project design:
Local and regional climate should be described in terms of the range of its variability and the severity (i.e., frequency and duration of maximums and minimums) as well as its averages. In regions with the potential for extreme weather events, describe and assess these events in terms of:
Meteorological impacts must be considered in the context of:
In areas where permafrost regimes exist:
|
| Soil and Soil Productivity | |
| Filing Requirements | Guidance |
1. Describe general soil characteristics and the current level of disturbance associated with soils. 2. For agricultural lands or forested lands with agricultural capability, describe:
3. Describe any contaminants of concern potentially associated with the project that may affect soil. 4. Describe the historical land use and the potential for contamination of soils or sediments. Describe any known or suspected soil contamination within the study area that could be re-suspended, released or otherwise disturbed as a result of the project. 5. If sediments or soils are contaminated, describe the applicable regulatory standards and all remediation, mitigation and monitoring measures that will be undertaken. 6. Describe the criteria for evaluating reclamation success. Explain how this evaluation would be undertaken and documented. Reclamation measures could include:
Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate.
|
Soil profile descriptions for dominant soil types must consider:
The soils assessment and mitigative plan must consider:
Where there is a potential for human health effects, see Table A-3. Where soil contamination is may be present, consider the guidance provided in the Canadian Standards Association's (CSA) Z768-01 and Z769-00 standards for Phase I and II Environmental Site Assessments. Additional guidance:
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| Vegetation | |
| Filing Requirements | Guidance |
1. For lands where vegetation may be affected by the project, describe:
2. Describe any weed infestations and other invasive and introduced species of concern. 3. Describe re-vegetation procedures to be implemented as part of the project, including:
4. Describe the condition(s) to which the RoW and temporary work space will be reclaimed and maintained once construction has been completed. Explain the extent to which the ROW needs to be kept cleared or could be left to grow and provide the criteria relied on to determine this . 5. Describe the vegetation standards and controls to be implemented while constructing and operating the project. Describe any integrated vegetation management program, including:
6. Describe criteria for evaluating reclamation success related to vegetationand how this evaluation would be undertaken and documented. Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
The description of vegetated lands does not include industrial lands. Vegetation community descriptions must apply the most relevant and up to date ecological classification or mapping system. Reference any available provincial or territorial inventory and mapping standards and guidelines. Consultations with potentially affected Aboriginal groups may provide further information. Conservation status (provincial and COSEWIC) of ecological communities as well as plant species must be noted. Explain how communities in the study area were delineated (i.e.,existing mapping, remote sensing interpretation, or field mapping). Indicate the date of spatial data collection. Provide justification if field work was not carried out. The effects analysis on vegetation must consider:
Native and indigenous species adapted to local conditions should be used when the goal of revegetation is to naturalize or regenerate the area. Vegetation control programs, including the frequency of work, monitoring and inspection of RoW vegetation conditions, and control procedures, must consider:
If herbicides or other chemicals may be used, consider:
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| Water Quality and Quantity | |
| Filing Requirements | Guidance |
1. Provide a project-specific water use assessment identifying and describing the water resources and the quality of those resources potentially affected by the project, including: any need for water withdrawn from local waterbodies, the purpose, the quantities required, the waterbodies used as a supply source, and how and where waste water would be discharged. 2. Describe any interactions between the project and groundwater. Where there is an interaction:
3. Describe any contaminants potentially associated with the project that may affect water quality. 4. Describe mitigation for any potential effects on surface-, ground- or well-water quantity and quality, including the need for any specific pre- and postconstruction monitoring. 5. Describe any applicable water management plans. Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
The effects analysis regarding quality or quantity of ground or surface water (e.g., lakes, watercourses, riparian areas, or man-made water bodies or structures) must consider:
In addition to meeting the requirements of section 24 of the OPR-99 by obtaining permits for hydrostatic testing, applicants must consider hydrostatic test water needs and management in its environmental effects assessment. Where the final details of hydrostatic testing have yet to be confirmed, applicants must still identify their expected needs, options available to them and the criteria they intend to apply to ensure protection of water resources. Applicants may identify any alternative sources of water (e.g., recycled or brackish water) for the project. Also consider the potential to reuse test water from section to section for pipe testing. Project interactions with groundwater may result from crossing a shallow water table or specific project activities (e.g., blasting). In these cases, consider the spatial extent and depth levels as well as water characteristics (e.g., salinity). Consider and describe whether the project may affect evaporation and transpiration rates and therefore affect surface land use, especially in agricultural areas. If there is potential for contaminants affecting water resources, consider sediment or groundwater sampling for assessment of contaminants. Where there is a potential for human health effects, see Table A-3. Additional guidance:
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| Fish and Fish Habitat | |
| Filing Requirements | Guidance |
1. Identify fish species and life stages of ecological, economic or human importance in the study area. 2. Describe the seasonal ranges, seasonal sensitive periods, habitat use, movements, and general population status of fish species identified above. 3. Identify any fisheries policies, or other measures to protect and enhance fish and fish habitat, including protected areas in and near the study area. 4. Identify the need for harmful alteration, disruption or destruction (HADD) authorization under subsection 35(2) of the Fisheries Act and discuss any oral or written communication with Fisheries and Oceans Canada (DFO) (e.g., letter of advice). 5. Describe, in detail, sensitive areas and sensitive habitats, including wetlands and riparian habitat. 6. Where fish-bearing watercourses would not be directionally drilled or bored, either describe and justify the watercourse-crossing techniques to be used or the criteria for determining the techniques proposed for each watercourse crossing. 7. Describe the timing of any instream work, including restricted activity periods and windows. 8. Describe the conditions to which the watercrossings and riparian zones would be reclaimed and maintained once construction has been completed. 9. Describe criteria for evaluating success of reclamation of fish-bearing water bodies and their banks, as well as riparian areas. Describe how and when this evaluation would be undertaken and documented. Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
Applicants should work with the relevant fisheries authorities to identify issues and appropriate mitigative measures, and where appropriate, Aboriginal groups. Where a HADD authorization is required from DFO, outline any appropriate habitat compensation measures and provide any further comments from DFO. Where effects on fish and fish habitat may affect human health, see Table A-3. DFO has several guidance documents and information pieces that could be useful in dealing with fish and fish habitat, including:
Pipeline Associated Watercourse Crossings (3rd Edition) - endorsed by DFO - provides guidance on best practices and meeting regulatory requirements. This document may be obtained through the NEB, the Canadian Association of Petroleum Producers (CAPP), the Canadian Energy Pipeline Association (CEPA) or the Canadian Gas Association (CGA). |
| Wetlands | |
| Filing Requirements | Guidance |
1. Quantify, delineate and describe wetlands in the study area in the context of:
2. Identify and describe wetland capacities to perform hydrological, water quality, habitat or other ecological functions. 3. Identify a regional study area of sufficient size to capture effects on wetlands within the larger drainage area. Include wetlands located outside of the local study area that may be affected by hydrological changes as a result of cumulative effects. 4. Detail the efforts to be taken to avoid impacting wetlands, mitigation, monitoring and any applicable compensation measures, for potentially affected wetlands. Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
Wetlands include bogs, fens, marshes, swamps and shallow waters as defined in the Canadian Wetland Classification System (National Wetlands Working Group, 1997). The effects analysis regarding wetlands must consider any potential loss of wetland function. A higher level of assessment may be required for provincially or territorially significant wetlands , for wetlands of significance to Aboriginal groups or for features of significance. Discuss any applicable provincial or territorial classification schemes, and protection policies and requirements. Applicants should consult with Enviroment Canada regarding mitigation for wetlands. Additional guidance: Useful information sources accessible from Environment Canada include:
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| Wildlife and Wildlife Habitat | |
Filing Requirements |
Guidance |
1. Identify wildlife species of ecological, economic or human importance in the study area. Also describe the:
2. For the wildlife identified above, describe and quantify the habitat type, including its:
3. Describe any lands in the study area that might constitute sensitive areas and habitat for wildlife, or nearby environmentally-significant areas, such as National Parks, areas of natural or scientific interest, Migratory Bird Sanctuaries or other important bird areas or sanctuaries, National Wildlife Areas, or World Biosphere Reserves. 4. Identify wildlife management areas and established or proposed sanctuaries or other areas in or near the study area. 5. Describe the levels of disturbance currently affecting wildlife and habitat, such as habitat fragmentation and the extent of human access and use. Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. Further,with respect to cumulative effects: 1. Describe the cumulative disturbance footprint of proposed and future physical works and activities within known key habitats (e.g., migration corridors, denning or calving areas, feeding areas) and distribution of that footprint, quantitatively where possible. Describe the effects on the connectivity of key habitats. 2. Describe the cumulative effects on wildlife that could occur as a result of the timing of the proposed project in combination with other physical works or activities. 3. Describe how cumulative changes in access would affect wildlife mortality risk or habitat quantity and quality. 4. Compare the cumulative effect on each species assessed to any available species-specific thresholds or policies, and indicate to what degree a threshold is approached or exceeded. |
The identification and description of wildlife presence in the area must include, but not be limited to, resident, temporary (e.g., migratory), unique species or populations, and umbrella and keystone species. Mammals, birds, amphibians,reptiles and invertebrates may be relevant. The identification and description of wildlife of human importance must also consider consumptive (e.g., hunting, harvesting) and nonconsumptive (e.g., bird-watching) values, as well as species of importance to potentially affected Aboriginal groups. The identification, description and quantification of habitat must include, but not be limited to:
Other sensitive areas and habitats include:
The effects analysis regarding wildlife and wildlife habitat must consider factors such as:
Ensure spatial boundaries for the study area and assessment are specific to the valued component and ecologically defensible (e.g., winter range boundaries, migration routes, fawning and calving areas). When calculating the disturbance footprint or linear disturbance density, remember to include the total avoidance area experienced by the valued component, which may be considerably larger than the physical footprint itself depending on the valued component. Temporal considerations are also relevant. For example, effects on wildlife from noise and sensory disturbance, water usage or divergence, or waste stream emissions to air, land or water can be exacerbated by having a number of projects taking place simultaneously (or continuously over more than one season) in a watershed, breeding area or migratory pathway. Increased access to project areas, whether temporary or permanent, affects wildlife habitat, populations, distribution and interactions. Access may include not only human access but increased ease of access by predators or competing species. Examples of tools that may be used to assess cumulative effects on valued components include scenario-based models, spatial analysis using a geographic information system, and landscape level indicators of change (e.g., linear density) (see the CEA Agency's Cumulative Effects Practitioners Guide, 1999). Applicants should note the requirements of applicable provincial, territorial and federal regulations (e.g., the federal Migratory Birds Regulations). Additional guidance: Environment Canada and its Divisions (e.g., Canadian Wildlife Service) are sources of relevant information on:
The Important Bird Areas database may be accessed through Bird Studies Canada or Nature Canada. |
| Species at Risk or Species of Special Status | |
| Filing Requirements | Guidance |
1. For effects related to wildlife and plant species at risk or species of special status:
2. Where the project may result in the destruction of any part of the critical habitat of a wildlife species listed on Schedule 1 of SARA, describe:
Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
Many rare species (e.g., endangered or threatened species under the SARA) are at risk in large part as a result of the past cumulative effects on their population or habitat. Their inclusion on official lists reflects their status as having crossed a threshold requiring special actions for their protection and recovery. Any additional residual effects have the potential to further contribute to this existing situtation. Consequently, proposed projects must preferably avoid, or fully mitigate or compensate for any residual project contribution to cumulative effects. Status refers to designation under federal, provincial or territorial legislation or guidelines (e.g., extirpated, endangered, threatened or of special concern). Consult the SARA public registry for Schedule 1, the List of Wildlife Species at Risk, and Schedules 2 and 3 of SARA. Consult with Environment Canada (Canadian Wildlife Service), DFO, or Parks Canada on species at risk or their critical habitat in the study area. Where critical habitat has not been defined, field studies may be necessary, as well as identifying, with federal, provincial or territorial authorities, mitigation measures that effectively avoid sensitive interaction periods or activities. Field surveys may be useful in identifying mitigation needs or locally common populations not substantially affected. For species at risk listed on Schedule 1 of SARA, the proposed mitigative measures must be consistent with any applicable Recovery Strategies and Action Plans listed on the SARA public registry. Consult with appropriate provincial or territorial authorities on species listed under those jurisdictions. For species at risk with no recovery strategy or action plan, applicants should use the best available information, such as COSEWIC status reports, draft recovery strategies or action plans, existing plans or input from the recovery team and specific advice (or management plans) from any jurisdiction that manages the species. Describe how measures to avoid, fully mitigate or compensate project effects would align with the best available information. When relying on compensation plans, describe the details of consultation with relevant experts, the options available, and criteria for selecting the options relied on, and for assessing the adequacy (sufficiency and validity) of any compensation measures or offsets. Applicants should conduct a thorough inventory of all areas potentially affected by the project that are expected to support any species at risk or species of special status. Consult federal, provincial, territorial, regional and local databases (e.g., conservation data centres) and any other information associated with species of special status. Species data in existing databases may not be systematically collected or updated and, therefore, a database search may not be sufficient to support a conclusion about the absence of a species in the area. Additional guidance, including direction to relevant federal, provincial, territorial and other related information, is available from the COSEWIC and Environment Canada. |
| Air Emissions | |
| Filing Requirements | Guidance |
1. Provide an assessment of air emissions from construction equipment and vehicular traffic. 2. For pipeline and gas plant projects that result or may result in an increase in air emissions during operations or maintenance:
Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
The effects assessment must consider:
Where ecological and human health effects are predicted to result from the project, see Table A-3. Monitoring and follow-up must consider:
Where the project may result in an increase in GHG emissions during construction, operations or maintenance, see the GHG emissions section. Additional guidance:
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| GHG Emissions | |
| Filing Requirements | Guidance |
1. Provide an assessment of the construction-related GHG emissions and include a description and justification of the methods used in the assessment. 2. For projects that result or may result in an increase in GHG emissions during operations or maintenance:
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Applicants may consider using appropriate industrywide estimates for their assessment of constructionrelated GHG emissions. A quantitative assessment of construction-related GHG emissions may be relevant in certain conditions. For example, where burning of forest cover as a result of land clearing will result in an increase in GHG emissions, or where there is a public concern associated with an increase in GHG emissions from construction. The GHG emissions assessment should consider applicable provincial and federal estimating and reporting guidance. Additional guidance:
|
| Acoustic Environment | |
| Filing Requirements | Guidance |
1. Where there is a public concern associated with an increase in noise levels during construction, provide a noise impact assessment, including an overview of the concerns. 2. For projects that result or may result in an increase in noise emissions during operations or maintenance (e.g. pump stations,compressor stations, gas plants):
Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
The effects assessment must consider:
Noise management plans must consider:
Where there is a potential for human health effects see, Table A-3. Additional guidance:
For projects in provinces with no guidelines, please refer to ERCB Directive 038 or AUC Rule 012, whichever is the most appropriate. |
Table A-3: Filing Requirements for Socio-Economic Elements
FYI - Reminder... Filing Requirements for an effects assessment are described in Subsections A.2.5 and A.2.6. Table A-1 in Subsection A.2.4 provides examples of the circumstances and interactions that lead to the need for detailed information and considers all phases of an applied for project (construction, operation, maintenance and abandonment), including the potential for accidents and malfunctions during each phase.Table A-3 was designed to assist Applicants in identifying detailed information needs specific to individual socio-economic elements. The elements and circumstances described in the table are not exhaustive. |
| Human Occupancy and Resource Use | |
|---|---|
| Filing Requirements | Guidance |
1. Describe the general patterns of human occupancy and resource use in the study area. 2. Describe the potential interactions of the project with local and regional human occupancy and resource development activities. Include effects the project may have on the maintenance of those activities and on the livelihood of local workers, business owners and operators. 3. Describe the goals of any applicable local or regional land use plans or local or regional development plans and the extent to which the project is aligned with such plans. 4. Identify predicted effects of the project on the quality and quantity of ground or surface water used for domestic, commercial, agricultural or recreational uses. 5. Identify any predicted visual or other aesthetic effects of the project on existing land use in the study area. 6. Identify any predicted effects of the project on livestock health and productivity. 7. Describe any site specific and project wide mitigation to address identified effects. Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
The assessment of potential impacts on human occupancy and resource use must evaluate:
The project should be assessed for compatibility with local and regional land use and development plans. Where "multiple-use" is permitted, it should also be assessed for compatibility with existing uses. If there is a predicted effect on the use of traditional territory or potential or established treaty or Aboriginal rights, refer to the Traditional Land and Resource Use element within this table. If there is a predicted effect on a biophysical component (e.g., Water Quality and Quantity, Acoustic Environment) that could affect Human Occupancy and Resource Use, refer to that biophysical component in Table A-2. If there is a predicted effect on visual or other aesthetic qualities, refer to the guidance under the Human Health element within this table. |
| Heritage Resources | |
| Filing Requirements | Guidance |
1. Describe any known heritage resources in the study area. 2. Determine the potential for any undiscovered heritage resources in the study area. 3. Describe what contingency plans and field measures would be undertaken if a heritage resource is discovered during construction. 4. Provide copies of correspondence from provincial or territorial authorities responsible for heritage resources with comments on any heritage resource assessment and proposed mitigation measures. 5. Indicate whether the applicant would implement the recommendations of the provincial or territorial heritage resource authorities. 6. If a previous heritage resource assessment has been completed in the study area, a summary should be filed along with any additional mitigation measures specific to the applied for project. Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
Applicants must be aware of federal, provincial or territorial legislation or guidelines for identifying and protecting heritage resources. Applicants must consult with Aboriginal groups with concerns about heritage resources in the project area. Although lands may be previously disturbed, an archaeologicaland paleontological assessment may still be required. The heritage resources assessment must be completed by a qualified archaeologist or paleontologist and include details of the field methodology used in the study. Where there is potential for discovery of heritage resources during construction or operations activities, a heritage resources contingency plan must be submitted. The plan must state, at a minimum, who would be contacted and under what conditions work would stop and resume. |
| Traditional Land and Resource Use | |
| Filing Requirements | Guidance |
1. Describe how lands and resources in the study area are currently used by Aboriginal persons or groups for traditional purposes. 2. Identify the Aboriginal persons or groups currently carrying out traditional land and resource use activities, the spatial and temporal extent of use and how the project could impact this use. 3. Describe all reasonable alternatives to the project considered that would avoid the impact on the Aboriginal traditional land and resource use considered during project development. 4. Describe all feasible measures that would be taken to mitigate the impact of the activity on Aboriginal traditional land and resource use. 5. Describe the methodology used to collect the Aboriginal traditional land and resource use information and provide a listing, and the rationale for the listing, of all Aboriginal persons and groups contacted. 6. Demonstrate that those Aboriginal persons and groups participating in colllecting traditional use information have had the opportunity to review the information and proposed mitigation. Include any comments from the Aboriginal participants on the information and proposed mitigation. Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
An assessment of impacts on current use of lands and resources for traditional purposes by Aboriginal people is required for the ESA. Aboriginal people may use lands for various traditional activities, such as hunting, fishing, trapping, berry picking and plant gathering for medicinal, cultural or household use, as well as cultural or spiritual ceremonies. In assessing the temporal aspects of traditional land and resource use, note the frequency, duration and seasonal aspects of each activity. In assessing the temporal aspects of traditional land and resource use, note the frequency, duration and seasonal aspects of each activity. In assessing the spatial aspects of traditional land and resource use, note that some activities could be site specific (e.g., berry-picking areas) but others may not (e.g., hunting may extend over a broad area and temporal considerations may be more relevant). Applicants must also refer to the assessment of the applicable biophysical element (wildlife and wildlife habitat, vegetation and fish and fish habitat) when considering traditional land and resource use. Where confidentiality of the traditional land and resource information is a concern, this information may be provided in the following manner (in order of preference):
Alternatively, applicants may ask permission to file the study confidentially, in accordance with the criteria set out in section 16.1 of the NEB Act. |
| Social and Cultural Well-Being | |
| Filing Requirements | Guidance |
1. Describe the socio-cultural setting of the study area, indicating the:
2. Provide an overview of the predicted sociocultural effects on the local community from the project. 3. Describe the predicted interactions of project construction, operations, and maintenance workforces with the local community, residents and businesses. 4. Describe any mitigative measures to address identified effects. Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
Socio-cultural effects on local communities may arise from various sources, including:
The potential effects from the sources listed above may include:
The identification and evaluation of potential effects must:
The local community could include:
|
| Human Health | |
| Filing Requirements | Guidance |
1. Describe and quantify:
2. Where the project could create air, water or noise emissions or effluent discharge levels that meet local, provincial, territorial or federal guidelines (e.g., CCME Guidelines, ERCB Directive 038, AUC Rule 012), yet public concerns regarding human health effects have been raised, provide a description of the public concerns and how they would be addressed. 3. Where the project could create health effects, summarize how these effects would be mitigated. 4. Where it is reasonable to assume there could be a potentially high or significant risk to human health from the project, provide a human health risk assessment. 5. Provide a description of any predicted visual or other aesthetic effects of the project on residents or other potentially affected persons or users in the study area. Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
Applicants must consider the potential for effects to human health to determine the level of assessment required. For example, where the project may cause nuisance-related health concerns, applicants must summarize the effect, outline mitigation measures to minimize the effect (e.g., regular road watering to reduce dust), and give appropriate details of analytical procedures used (e.g., a source and release assessment, exposure assessment, dose response assessment or risk characterization). Quantification of sources of health effects and potential human receptors must consider:
Identifying and evaluating potential human health effects must include consultation with local, regional, Aboriginal, provincial or territorial, and federal health service providers, agencies and institutions, as appropriate. Applicants must consider the potential effects of the project on the health of susceptible groups, such as:
Applicants must also consider how the project may affect the health of those using traditional areas for hunting, trapping, fishing, berry picking, and medicinal plant collection. This consideration must be linked with the applicant's assessment of traditional land and resource use. As the definition of human health includes consideration of mental and social well-being, applicants must also consider any adverse emotional or social stressors potentially resulting from the project, including:
Where a particular project emission or effluent discharge level falls below or within applicable limits, additional mitigation may not be required. However, where the change may be substantial (even if within set limits) due to local or regional circumstances or the extent of the change, the applicant must provide any other additional mitigation to minimize pollution and human health risks. A visual impact assessment must consider and describe factors such as, but not limited to:
Applicants must clearly link this portion of their assessment to those sections of their assessment that consider the biophysical elements affecting human health (e.g., Acoustic Environment or Water Quality and Quantity). Consult Health Canada for information on human health impact assessments and to access The Canadian Handbook on Health Impact Assessment. Health indicator data is available from Statistics Canada. |
| Infrastructure and Services | |
| Filing Requirements | Guidance |
1. Describe the existing local and regional infrastructure in the study area, including:
2. Describe the existing local and regional services in the study area and the predicted effects on those services. Include an assessment of effects to:
3. Describe any need for government and applicant expenditures for new or expanded services or infrastructure, arising out of project-related effects. 4. Describe any mitigative measures, including applicable plans, to address identified effects. Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
The assessment must consider and, where possible, quantify how project construction and operation activities may affect local or regional infrastructure and services, such as:
Effects related to the above-noted factors must be assessed from the perspectives of both:
Applicants must consider any local and provincial or territorial guidelines regarding emergency services or requirements for heavy load vehicles and construction access permits. |
| Employment and Economy | |
| Filing Requirements | Guidance |
1. Describe the local and regional employment situation in the study area. 2. Describe any local or regional training and employment development plans. 3. Describe the ability of local and Aboriginal residents and businesses to provide labour services, equipment, supplies and other contracting needs during construction, operation and maintenance of the project. 4. Describe plans to encourage local and Aboriginal employment, procurement and contracting opportunities. 5. Describe any training programs the applicant is supporting to enhance employment opportunities for local and Aboriginal residents. 6. Provide an estimate of the anticipated levels of local and regional economic participation in the project in comparison to the total project requirements (e.g., number of workers and total dollar value of contracts). 7. If the project has the potential to directly affect local, regional, provincial, territorial or federal government revenues from tax levees or other means during construction and operation, provide a quantitative assessment of the potential effects. Where residual effects have been predicted, identify whether those residual effects would be likely to act in combination with the effects of other physical works or activities and expand on the matters described above as appropriate. |
The assessment must include a quantitative and qualitative review of:
Construction and operations workforce numbers and contract values must be provided, where possible, on a month-to-month basis through the construction phase of the project and on a yearly basis for the operations phase of the project. For smaller projects, only an estimate of the construction workforce and the full-time operations workforce is required. The assessment must describe those situations when the project may directly or indirectly create economic hardship or the displacement of workers or businesses, including any mitigative measures to address these effects. If the applicant has prepared an economic benefits plan or has entered into specific cooperation agreements with communities or Aboriginal groups, the applicant should provide a summary of the employment, training and business commitments made. |
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