Guidance on (a) all commercial extraction or processing of a mineral as defined in the Mining Act
“Commercial extraction” means mining or removal (e.g., by shaft, well bore, open pit, drilling, blasting, or placer mining) for economic gain.
“Processing” means the crushing, washing, milling, enriching treating, concentrating, refining or smelting of a mineral as defined in the Mining Act.
“Mineral as defined in the Mining Act” means any natural, solid, inorganic or fossilized organic substance and such other substances as are prescribed by regulation to be minerals, but does not include: (a) sand, gravel, ordinary stone, clay or soil unless it is to be used for its chemical or special physical properties, or both, or where it is taken for contained minerals, (b) ordinary stone used for building or construction, (c) peat or peat moss, (d) bituminous shale, oil shale, albertite or intimately associated substances or products derived therefrom, (d.1) palaeontological objects, (e) oil or natural gas, or (f) such other substances as are prescribed by regulation not to be minerals.
Guidance on (b) all electric power generating facilities with a production rating of three megawatts or more
“Electric power generating facilities” means any equipment or facility designed, constructed, and operated with the intention of converting thermal, atomic, wind, solar, tidal or another source of energy into electricity whether used on or off-site.
“Production rating” means the total rated capacity or nameplate capacity of the facility in aggregate. In other words, it is the power intended to be generated by the facility in aggregate when operating at its peak capacity.
Guidance on (c) all water reservoirs with a storage capacity of more than ten million cubic metres
“Reservoir” means a diked, dammed or excavated impoundment, intended to store water for power generation, irrigation, supplying drinking water, or any other purpose.
“Storage capacity” means the total, maximum designed capacity of the completed reservoir including the natural or existing storage capacity.
Guidance on (d) all electric power transmission lines exceeding sixty-nine thousand volts in capacity or five kilometres in length
“Electric Power Transmission Line” is a line of wires constructed above or below grade and includes any necessary clearing, grading, temporary or permanent water crossings and access roads, and all wires, poles, towers, trenches, transformer stations, and other appurtenances.
Guidance on (e) all linear communications transmission systems exceeding five kilometres in length
“Linear communications transmission systems” means communications transmission lines (wires) for telephone, internet etc., whether pole-mounted or placed below grade in a trench.
Guidance on (f) all commercial extraction or processing of combustible energy-yielding materials except fuel wood
“Combustible Energy-yielding materials” means materials capable of releasing energy when burned, oxidized or subjected to a chemical reaction. Such materials include coal, conventional and unconventional oil and natural gas, oil shale, lignite, peat (if extracted for energy production), animal or vegetable oils, vegetable alcohols such as methanol, and other energy-yielding chemicals or compounds extracted from organic material.
“Commercial extraction” means retrieval for economic gain by any means including gathering, harvesting, rendering, distilling, electrolysis, heating, drilling, pumping, mining or excavation.
“Processing” means refining, breaking, treating, beneficiating, enriching, concentrating or enhancing (chemically or physically) an energy-yielding material; or separating out or removing associated materials or substances including water, sulphur, or any gaseous, liquid or solid impurities. It also includes changing the physical state of an energy-yielding material (e.g., from a liquid to a gas and vice versa).
“fuel wood” means wood harvested for the purpose of combustion but does not include wood that will be thermally or chemically treated or enhanced or processed to produce an energy-yielding material such as a biofuel or charcoal.
Guidance on (g) all offshore drilling for, or extraction of, oil, natural gas or minerals
“Offshore” means a marine location consisting of submerged, provincial Crown Land.
Guidance on (h) all pipelines exceeding five kilometres in length, except (i) water, steam or domestic wastewater pipelines, and (ii) pipelines or pipe lines that are the subject of an application under the Gas Distribution Act or the Pipeline Act
“Pipeline” means an enclosed, linear conduit, constructed above or below grade located entirely within the Province of New Brunswick, for conveying liquids or gases, including all branches, extensions, tanks, reservoirs, storage or loading facilities, pumps, racks, compressors, inter-station communication systems, and any connected works. It does not include: (i) a sewer or water pipeline (watermain) that is part of a municipal storm sewer, sanitary sewer, or water distribution system; or (ii) a pipeline conveying water for agricultural irrigation or (iii) an interprovincial or international pipeline regulated by the Canada Energy Regulator (formerly the National Energy Board).
“Gas Distribution Act” means Gas Distribution Act, 1999 which addresses the system that is used to distribute gas to a building where it is used by a customer.
“Pipeline Act” is an Act established to regulate pipelines located wholly within the Province of New Brunswick for the transmission of oil, gas, minerals, (any natural, solid, inorganic or fossilized organic substance and such other substances as are prescribed by regulation to be minerals), fluids from an oil or gas well and water or effluent used or produced in connection with an oil or gas well or the manufacture of oil or gas.
“Water” means potable water, or water used as an input to an agricultural or industrial process but does not include brine or industrial wastewater.
Guidance on (i) all causeways and multiple-span bridges
“Bridge” means any structure used or intended to be used for the purpose of carrying automobile, railway, pedestrian or other traffic over or across a river, stream, or other body of water. It does not include grade-separated crossings of railways or highways.
“Causeway” means a raised bank, constructed of soil, rock or other fill material, intended to allow a roadway, trail, railway or other linear facility to cross a river, stream, lake, wetland or other water body. It may include pipes, culverts or other features intended to convey lateral flow through the causeway.
“Multiple span” means a bridge that requires the construction of at least one intermediate, supporting pier between the two abutments.
“Span” means a portion of bridge deck located between two supports (piers or abutments).
Guidance on (j) all major highway projects involving either a significant length of new highway alignment or a major upgrading or widening of an existing highway resulting in a change in its intended use or classification
“Classification” means the classification of a highway as an arterial highway, collector highway or local highway as defined in the Highway Act.
“Significant length” means, when referring to a highway other than the TransCanada Highway, more than 5 kilometres measured cumulatively. When referring to the TransCanada highway, “significant length” means any length of new highway alignment.
“New highway alignment” means new lanes of traffic located entirely or partially outside an existing right-of-way; or widening or lengthening of an existing right-of-way.
“Upgrading or widening” means any works required to change the intended use, capacity or classification of a highway.
Guidance on (k) all facilities for the commercial processing or treatment of timber resources other than fuelwood, except maple sugaries, shingle mills and sawmills producing less than one hundred thousand foot board measure annually
“Facilities for the commercial processing or treatment of timber resources” means facilities intended to operate for economic gain including: mechanical and chemical pulp mills, and lumber mills that exceed the threshold described in Item (k), paper and paperboard mills, facilities for the chemical or thermal treatment or preservation of wood, veneer and plywood mills, particleboard, waferboard and fibreboard mills, and facilities for the extraction of chemicals or compounds or substances from wood or forest biomass.
“fuel wood” means wood harvested for the purpose of combustion but does not include wood that has been thermally or chemically treated or enhanced or processed, to produce an energy-yielding material such as a biofuel or charcoal.
Guidance on (l) all programs or commercial ventures involving the introduction into New Brunswick of plant or animal species which are not indigenous to New Brunswick
“Not indigenous to New Brunswick” means a plant or animal species that, if brought to New Brunswick, would be living outside its natural distributional range. For the purposes of this undertaking, this term has the same meaning as a “non-native” species.
“Gallinaceous” means an order (Galliformes) of heavy-bodied birds including pheasants, turkeys, grouse, and the common domestic chicken.
Guidance on (m) all waste disposal facilities or systems
“Construction and demolition debris” means inert waste material (such as untreated wood, stone, concrete, asphalt, flooring materials, wall board, roof shingles, etc.) generated as a result of construction and demolition activities.
“Disposal” means the treatment or conversion of waste or placement of waste in a landfill or other final repository.
“Dredge material” means any combination of material removed from below the ordinary water level of a waterbody or an ocean coast including boulders and cobble; gravel; sand; silt; clay; peat and other organic soil components; and other items in the sediment (e.g., wood waste, seaweed, etc.).
“Waste” for this undertaking means any liquid or solid material defined as a waste in the Clean Environment Act and its regulations.
Guidance on (m.1) all disposal, destruction, recycling, reprocessing or storage of waste that originates outside New Brunswick and all facilities or systems for the disposal, destruction, recycling, reprocessing or storage of such waste
“Destruction” means the decomposition of a waste material by chemical, thermal or mechanical means, whether or not a residual waste material is produced.
“Originates outside New Brunswick” means waste crossing a national or provincial border into New Brunswick, except if the waste was originally created in New Brunswick.
“Recycling” means the recovery of all or part of a waste material for immediate or subsequent use or sale as a value-added product.
“Reprocessing” means refining, breaking, treating, or concentrating a waste material by chemical, thermal or mechanical means, whether or not this is done as part of a recycling system or program.
“Storage” means temporarily placing waste in a yard, building, container or other repository with the intent of future disposal, destruction, recycling, reprocessing or transport.
Guidance on (n) all sewage disposal or sewage treatment facilities, other than domestic, on-site facilities
“Domestic on-site facilities” means “on-site sewage disposal systems” as defined in the Public Health Act. (i.e. (a) a holding tank with sewage flows of less than 20,000 litres per day that is not connected to a collection system with a lift station, (b) a septic tank and subsurface disposal field, including contour systems, with sewage flows of less than 20,000 litres per day that is not connected to a collection system with a lift station, (c) a sewage treatment system with a subsurface disposal field with sewage flows of less than 5,460 litres per day that is not connected to a collection system with a lift station, (d) a sewage management system with a subsurface disposal field with sewage flows of less than 5,460 litres per day that is not connected to a collection system with a lift station, or (e) a pit privy.)
“Sewage disposal” means the discharge of treated or untreated sewage (liquid or solid) to a) surface water; or b) groundwater.
“Sewage treatment” means processing of sewage by physical (e.g. gravity), mechanical (e.g. agitation), thermal, or chemical means to reduce or remove concentrations of solids, liquids, nutrients, pathogens, oxygen demand, etc. prior to discharge to the environment.
Guidance on (o) all provincial or national parks
“National parks” means national parks within the meaning of the Canada National Parks Act and includes national park reserves established in accordance with that Act.
“Provincial parks” means a) areas area of land established and maintained under the Parks Act and its regulations as a cultural heritage park, a linear park, a natural environment park, a recreational park, a wilderness park or a park prescribed by regulation; and b) lands administered under an agreement and deemed to be set apart as a provincial park. A provincial park includes a provincial park operated by a private entity on behalf of the province via a lease or other agreement.
Guidance on (p) all major recreational or tourism developments, including developments which consist of changing the use of land so that it is used for recreational or tourism purposes
“Major recreational or tourism developments” means recreational or tourism projects or activities that have the potential to cause environmental impacts because of a change in existing land cover, existing land use, increased vehicular traffic, visual impact, noise, impact on water quality, etc.
Guidance on (q) all ports, harbours, railroads and airports
“Harbour” means an installation located at a coastline (marine or freshwater) designed to shelter vessels from the full effect of wind and waves (e.g. by incorporating breakwaters). A harbour may contain features found in a port including facilities for refuelling and maintaining vessels and assisting the movement of people and cargo between a vessel and the shore (e.g. a wharf).
“Port” means a commercial, water-based (marine or freshwater) facility typically equipped with cranes, warehouses, marine terminals, docks and other facilities for maintaining and refuelling vessels and on-loading and off-loading cargo, vehicles or passengers. A port is typically located within a harbour.
“Railroad” means a set of tracks used by trains to transport passengers or freight, including related facilities such as sidings, signalling systems, railyards and intermodal freight transfer yards.
“Recreational Marina” means a facility providing moorage for pleasure craft.
Guidance on (r) all projects involving the transfer of water between drainage basins
“Drainage Basin” has the same meaning as a watershed, i.e., all the land, watercourses and wetlands that contribute drainage to single, defined point (e.g., the mouth of a river).
Guidance on (s) all waterworks with a capacity greater than fifty cubic metres of water daily
“Extraction” means the removal of water from an aquifer (groundwater), lake, river, stream, wetland or other waterbody, for any use, regardless of whether or not the water is subsequently returned to its original source.
“Dwelling unit” means a room, or a suite of two or more rooms, that is designed or intended for use by an individual or family, in which culinary facilities are provided and for which sanitary conveniences are provided, for the use primarily of the individual or family.
Guidance on (u) all enterprises, activities, projects, structures, works or programs affecting any unique, rare or endangered feature of the environment
“endangered” means a species at risk as defined in Canadian federal or New Brunswick legislation.
“unique” means: i) a natural or built feature which is a tourist attraction at the provincial, national or international scale; or (ii) a feature that is generally recognized as an important and singular cultural or natural feature; or (iii) a feature generally recognized as providing a valuable and singular economic or strategic resource.
“rare” means a species which has a limited habitat in New Brunswick; or a natural or cultural feature recognized by scientific or professional communities as important due to its scarcity.
“feature of the environment” includes the natural or built environment.
Guidance on (v) all enterprises, activities, projects, structures, works or programs affecting two hectares or more of bog, marsh, swamp or other wetland
“Affecting two hectares or more” means directly affecting two or more hectares of wetland (e.g., by infilling or occupying the wetland).
“Bog, marsh, swamp or other wetland” means a wetland as defined in the Clean Water Act, i.e. land that either periodically or permanently, has a water table at, near or above the land’s surface or that is saturated with water, and sustains aquatic processes as indicated by the presence of hydric soils, hydrophytic vegetation and biological activities adapted to wet conditions.
Guidance on (w) all facilities for the processing of radioactive materials
“Processing of radioactive materials” includes but is not limited to: (i) creation of radioactive fuel or radioactive feeder materials for atomic reactors; (ii) processing radioactive waste prior to its storage, containment, disposal or reuse as a fuel; and (iii) processing or concentrating naturally occurring radioactive materials (NORMS) either as waste, or for use as a value-added product.
“NORM” (Naturally occurring radioactive material) means material found in the environment that contains radioactive elements of natural origin.
