Environmental Impact Assessment(EIA) Registration for the ...

REVISED PROJECT DESCRIPTION AND ENVIRONMENTAL IMPACT ASSESSMENT (EIA) REGISTRATION
FOR THE NEPISIGUIT FALLS GENERATING STATION MODIFICATION AND REHABILITATION PROJECT
1.7 REGULATORY FRAMEWORK
1.7.1 New Brunswick Environmental Impact Assessment Regulation
The Project is an undertaking under Schedule A of the New Brunswick Clean Environment Act,
Environmental Impact Assessment Regulation, as it will modify and rehabilitate an undertaking
specified in Schedule A of the regulation (i.e., Item (b), a power generating facility greater than
3 MW). As such, the Project must be registered under the Regulation, and a review of the
Project will be carried out to determine if and under what conditions the Project may proceed
(Determination Review), or whether a Comprehensive EIA review is required. This EIA
Registration is intended to fulfill the registration requirements under Section 5(1) of the EIA
Regulation.
It is important to note that the building footprint will not change, nor will the Project alter the
historic generating capacity of the NFGS.
1.7.2 Canadian Environmental Assessment Act (CEAA)
The work is considered a Project under CEAA, as it is a modification to a physical work. An EA
under CEAA is required if a federal authority exercises one of the powers or performs one of the
duties listed in Section 5(1) of CEAA, in respect of a project. This Project is potentially subject to
Section 5(d) of CEAA, which states that projects that require permits, licenses or approvals
under the Law List Regulations require an EA.
The potential Law List Regulations triggers that could apply to this Project are listed below and
discussed in the following sections:
• Item 6 of the Law List Regulations: an authorization under Section 35(2) of the Fisheries
Act for harmful alteration, disruption, or destruction of fish habitat; and
• Item 11 of the Law List Regulations: an authorization under Section 5(1) of the
Navigable Waters Protection Act for any works carried out in navigable waters
Page 6 June 15, 2011