Tailored Impact Statement Guidelines Template for Designated Projects subject to the Impact Assessment Act and the Canadian Energy Regulator Act

Last updated: July 15, 2019

Abbreviations and Short Forms
Part 1 - Introduction
- Factors to be considered in the Impact Statement
Part 2 – Content – Tailored Impact Statement Guidelines Template
Reference Documents – Part 2
Part 3 – Content – Tailored Impact Statement Guidelines – Requirements Specific to the Canadian Energy Regulator Act

4.4 Markets
4.5 Financing and Financial Resources
4.6 Non-CER Regulatory Facility Approvals
4.7 Lands Information
4.8 Filing Requirements – Land Areas
4.9 Filing Requirements – Land Rights
4.10 Filing Requirements – Land Acquisition Process
4.11 Filing Requirements – Land Acquisition Agreements
4.12 Filing Requirements - Notices

5. Abandonment Funding and Applications to Abandon
- 5.1 Funding for Abandonment
- 5.2 Applications to abandon
6. Protection of Pipelines from Ground Disturbance, Facility Constructions, Crossings and Mining Operations
- 6.1 Ground Disturbance, Facility Construction and Crossings Near Pipelines
- 6.2 Protection of Pipelines from Mining Operations
7. Decommissioning
8. Post Certificate or Order Requirements
- 8.1 Filing Requirements – Engineering and Technical
- 8.2 Filing Requirements – Post Construction Environmental Monitoring Reports
  - Report Content
  - Biophysical and Socio-Economic Elements
9. Other Potential Information Requirements
10. Filing Manual Checklists
11. Reference Documents – Part 3
- Abandonment Funding and Planning

Abbreviations and Short Forms

ADR: Appropriate Dispute Resolution
Agency: Impact Assessment Agency of Canada
AFUDC: Allowance for Funds Used During Construction
bbl: barrel
BCRs: Bird Conservation Regions
CAAQS: Canadian Ambient Air Quality Standards
CCME: Canadian Council of Ministers of the Environment
cf: cubic feet
cf/d: cubic feet per day
CER: Canada Energy Regulator
CER Act: Canada Energy Regulator Act
CIF: cost, insurance and freight
COSEWIC: Committee on the Status of Endangered Wildlife in Canada
CSA: Canadian Standards Association
CSA: Z662 Canadian Standards Association Standard Z662, Oil and Gas Pipeline Systems latest version as amended from time to time
DFO: Fisheries and Oceans Canada
DPR: Authorizations National Energy Board Act Damage Prevention Regulations – Authorizations
ECCC: Environment and Climate Change Canada
EPP: Environmental Protection Plan
FA: Federal Authority
GBA+: Gender Based Analysis Plus
GHG: Greenhouse gas
GPUAR: Gas Pipeline Uniform Accounting Regulations
HIA: Health Impact Assessment
H₂S: hydrogen sulphide
IA: Impact Assessment
IAA: Impact Assessment Act
ISO: International Organization for Standardization
kPa: kilopascals
LNG: liquefied natural gas
m³: cubic metre
Minister: Minister of Environment and Climate Change
MBP: market-based procedure
MJ/m³: megajoules per cubic metre
MOP: maximum operating pressure
MPa: megapascals
NEB: National Energy Board
NEB Act: National Energy Board Act
NGL: natural gas liquids
NO₂: nitrogen oxide
NOC: National Occupational Classification
NPRI: National Pollutant Release Inventory
O₃: ozone
OPR: National Energy Board Onshore Pipeline Regulations
OPUAR: Oil Pipeline Uniform Accounting Regulations
Part VI Regulations: National Energy Board Act Part VI (Oil and Gas) Regulations
P&ID: process and instrumentation diagram
Post-construction: report post-construction environmental monitoring report
PPBoR: plans, profiles and books of reference
PPR: National Energy Board Processing Plant Regulations
QA: quality assurance
Registry: Canadian Impact Assessment Registry
Reporting Regulations: National Energy Board Export and Import Reporting Regulations
RoW: Right of Way
Rules: National Energy Board Rules of Practice and Procedure, 1995
SARA: Species at Risk Act
SCADA: supervisory control and data acquisition
SO₂: sulphur dioxide
the Guidelines: Tailored Impact Statement Guidelines
TISG Template: Tailored Impact Statement Guidelines Template
UTM: Universal Transverse Mercator
VC: Valued component (including environmental, health, social, economic and potentially other elements of the natural and human environment)

Part 1 - The Tailored Impact Statement Guidelines Template

1. Introduction

The federal impact assessment (IA) process serves as a planning tool that considers a broad range of potential environmental, health, social and economic effects of designated projects identified by regulation or designated by the Minister of Environment and Climate Change (the Minister). Decisions are based on whether the potential adverse effects in areas of federal jurisdiction are in the public interest, as opposed to the previous environmental assessment process, where decisions were based on whether a project is likely to cause significant adverse environmental effects. The public interest determination is guided by the factors set out in the Impact Assessment Act (IAA):

proposed designated project's contribution to sustainability;
the extent to which potential effects are adverse;
measures to mitigate potential adverse effects;
potential impacts on Indigenous peoples and their rights; and
potential impacts on Canada's ability to meet its environmental obligations and its climate change commitments.

A key element for the IA process is the introduction of Tailored Impact Statement Guidelines ^{Footnote 1} (TIS Guidelines), which provide direction to the proponent on the factors to be considered, the methodology to be followed and information requirements, in order to guide preparation of the Impact Statement. The TIS Guidelines are developed by the Agency and provided to the proponent early in the IA process and are tailored for the specific designated project. The development of the TIS Guidelines will be informed by consultation and engagement that occurs with the public, Indigenous groups, lifecycle regulators, jurisdictions, federal authorities (FAs) and other interested parties.

The Tailored Impact Statement Guidelines Template (TISG Template), described in Part 2 of this document, is the starting point for process to develop the TIS Guidelines. The TISG Template sets out a comprehensive list of potential requirements that, through the tailoring process, will be reviewed to identify the project-specific requirements for a complete and detailed Impact Statement, which will then be set out in the TIS Guidelines provided to the proponent. The TIS Guidelines may also contain requirements that are not included in the Template, but are identified during the early planning process.

Under the IAA, designated projects that are also regulated by the Canadian Energy Regulator (CER) will be assessed by an integrated review panel process. For these projects, the TIS Guidelines will be developed by the Agency in coordination with the CER and will identify information requirements under both the IAA and the Canadian Energy Regulator Act (CER Act). Part 3 sets out these additional CER Act requirements that are not directly linked to impact assessment. The requirements provided for in Part 3 will not be tailored in the same manner as the requirements set out in Part 2. The priority will be to avoid any overlap or duplication between the IAA and CER Act requirements. The information necessary to make CER Act decisions may be informed by the IA process, but would not be necessary for decisions under the IAA. For designated CER regulated projects, proponents should also refer to relevant CER draft guidance as well as guidance provided in the NEB Filing Manual which continues to be relevant (See Reference documents – Part 3).

While efforts have been undertaken to ensure alignment between the TISG Template and NEB’s draft guidance related to the IAA and CER Act, there may be areas where inconsistencies exist. Any conflicting information will be reconciled as draft guidance documents are finalized.

While the TISG Template does not prescribe a preferred structure for the Impact Statement, it is essential that the Impact Statement address all requirements outlined in the TIS Guidelines. The proponent may present the information in the Impact Statement in the manner it deems most appropriate. To facilitate review of the Impact Statement, a table of concordance must be provided that identifies where each requirement of the TIS Guidelines is located within the Impact Statement.

1.1 Factors to be considered in the Impact Assessment

The TIS Guidelines correspond to factors to be considered in the Impact Assessment (IA). These factors are listed in subsection 22(1) of the Impact Assessment Act and prescribe that the IA of a designated project must take into account:

the changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes that are likely to be caused by the carrying out of the designated project, including:
- the effects of malfunctions or accidents that may occur in connection with the designated project;
- any cumulative effects that are likely to result from the designated project in combination with other physical activities that have been or will be carried out; and
- the result of any interaction between those effects.
mitigation measures that are technically and economically feasible and that would mitigate any adverse effects of the designated project;
the impact that the designated project may have on any Indigenous group and any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
the purpose of and need for the designated project;
alternative means of carrying out the designated project that are technically and economically feasible, including through the use of best available technologies, and the effects of those means;
any alternatives to the designated project that are technically and economically feasible and are directly related to the designated project;
Indigenous knowledge provided with respect to the designated project;
the extent to which the designated project contributes to sustainability;
the extent to which the effects of the designated project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;
any change to the designated project that may be caused by the environment;
the requirements of the follow-up program in respect of the designated project;
considerations related to Indigenous cultures with respect to the designated project;
community knowledge provided with respect to the designated project;
comments received from the public;
comments from a jurisdiction that are received in the course of consultations conducted under section 21 of the IAA;
any relevant assessment referred to in sections 92, 93 or 95 of the IAA;
any assessment of the effects of the designated project that is conducted by or on behalf of an Indigenous governing body and that is provided with respect to the designated project;
any study or plan that is conducted or prepared by a jurisdiction — or an Indigenous governing body not referred to in paragraph (f) or (g) of the definition jurisdiction in section 2 of the IAA — that is in respect of a region related to the designated project and that has been provided with respect to the project;
the intersection of sex and gender with other identity factors; and
any other matter relevant to the IA that the Agency requires to be taken into account.

The scope of the factors in paragraphs 22(1)(a) to (f), (h) to (l), (s) and (t) that are to be taken into account, including the extent of their relevance to the impact assessment, is determined by the Agency, in consultation with the CER, and will be outlined in the TIS Guidelines.

For an integrated review panel process with the CER, the factors in subsection 183(2) of the Canadian Energy Regulator Act also apply. Those factors are as follows:

the environmental effects, including any cumulative environmental effects;
the safety and security of persons and the protection of property and the environment;
the health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors;
the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes;
the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
the availability of oil, gas or any other commodity to the pipeline;
the existence of actual or potential markets;
the economic feasibility of the pipeline;
the financial resources, financial responsibility and financial structure of the applicant, the methods of financing the pipeline and the extent to which Canadians will have an opportunity to participate in the financing, engineering and construction of the pipeline;
the extent to which the effects of the pipeline hinder or contribute to the Government of Canada's ability to meet its environmental obligations and its commitments in respect of climate change;
any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act; and
any public interest that the Commission considers may be affected by the issuance of the certificate or the dismissal of the application.

The information provided by the proponent is to be provided in machine-readable, accessible format. This would support of the Government of Canada's commitment to Open Science and Data and would facilitate the sharing of information with the public through the Agency's Registry and Internet Site and the Government's Open Science and Data Platform. The proponent should contact the Agency to obtain additional direction regarding the format and distribution of the Impact Statement.

Part 2 – Content – Tailored Impact Statement Guidelines Template

The following template presents the type of information that may be required in the TIS Guidelines for a designated project. Each section in the template represents a category of information that may be requested as part of the TIS Guidelines. Each section provides:

general guidance on how to collect, analyze and present the information; including some examples of what to consider; and
a comprehensive list of specific information requirements that may be included in the TIS Guidelines. In developing the Guidelines, the Agency will tailor these lists to include only those relevant to a specific-project.

The format of this document is not meant to be the format followed in the Impact Statement (IS). Proponents should present the information in a manner that works for their specific-project.

1. Overview

1.1 The proponent

The Impact Statement must:

provide contact information for proponent representatives for the project (e.g. name, address, phone, fax, email);
identify the proponent(s) and, where applicable, the name of the legal entity(ies) that would develop, manage and operate the project;
describe corporate structure;
specify the mechanism used to ensure that corporate policies will be implemented and respected for the project; and
identify key personnel, contractors, and/or sub-contractors responsible for preparing the Impact Statement and conducting the Impact Assessment.

1.2 Project overview

The Impact Statement must describe the designated project, key project components and ancillary activities, scheduling details, the timing of each phase of the project and other key features. If the project is part of a larger sequence of projects, the Impact Statement must outline the larger context.

1.3 Project location

The Impact Statement must describe the geographical setting and socio-ecological context in which the project is to take place. The description should focus on aspects of the project and its setting that are important in order to understand the potential environmental, health, social and economic effects and impacts of the project. The following information must be included and, where appropriate, located on map(s):

geographic coordinates (i.e. longitude/latitude using international standard representation in degrees, minutes, seconds) for the centre of the main project site or for a linear project, provide the beginning and end points;
current land and/or aquatic uses in the area;
distance of the project components to any federal lands and the location of any federal lands within the regional study area;
all waterbodies and their location on a map;
navigable waterways;
the environmental significance and value of the geographical setting in which the project will take place and the surrounding area;
environmentally sensitive areas, such as national, provincial, territorial and regional parks, UNESCO World Heritage Sites, ecological reserves, marine protected areas, marine refuges, ecologically and biologically sensitive areas, wetlands, estuaries, and habitats of federally or provincially listed species at risk and other sensitive areas;
lands subject to conservation agreements;
description and locations of all potable drinking water sources (i.e. municipal or private);
description of local and Indigenous groups;
Indigenous traditional territories and/or consultation areas, Treaty and/or Title lands, Indian Reserve lands, Indigenous harvesting regions (with permission of Indigenous groups), Métis settlements; and
culturally important features of the landscape.

Maps are to be provided to the Agency as electronic geospatial data file(s) compliant with the ISO 19115 standard.

Consult the Guidance on submitting geospatial data for more information.

1.4 Regulatory framework and the role of government

The Impact Statement must identify:

any federal power, duty or function that may be exercised that would permit the carrying out (in whole or in part) of the project or associated activities;
legislation and other regulatory approvals that are applicable to the project at the federal, provincial, regional and municipal levels or from any body – including a co-management body – established under a land claim agreement referred to in section 5 of the Constitution Act, 1982, or from an Indigenous governing body as defined in the Impact Assessment Act (IAA) that has powers, duties or functions in relation to the environmental effects of a project;
government policies, resource management plans, planning or study initiatives relevant to the project and/or Impact Assessment (IA) and their implications, including relevant regional studies and strategic assessments;
any treaty, self-government, land claims or other agreements between federal or provincial governments and Indigenous groups that are pertinent to the project and/or IA;
any relevant land use plans, land zoning, or community plans;
information on land lease agreement or land tenure, when applicable; and
municipal, regional, provincial and/or national objectives, standards or guidelines that have been used by the proponent to assist in the evaluation of any predicted environmental, health, social or economic effects or impacts.

1.5 Qualifications of individuals preparing the Impact Statement

In support of ensuring transparency and the quality of the scientific information and analysis being applied, the proponent must provide information on the individuals who prepared the sections within the Impact Statement related to environmental, economic, social, and health impacts and impacts on Indigenous peoples. Proponents are required to demonstrate that a qualified individual has prepared the information or studies provided. A qualified individual would include someone who, through education, experience or knowledge relevant to a particular matter, may be relied on by the proponent to provide advice within his or her area of expertise. Knowledge relevant to a particular matter may include Indigenous and community knowledge.

2. Project Description

2.1 Project components

The Impact Statement must describe the designated project, by describing the project components, associated and ancillary works, and other characteristics to assist in understanding the potential environmental, health, social and economic effects, and impacts on Indigenous peoples and rights of Indigenous peoples^{Footnote 2}, as identified by the Indigenous group(s). This description must be supported with maps of key project components, boundaries of the proposed site with geographic coordinates, major existing infrastructure, proponent lands, properties or leased lands, adjacent resource lease boundaries, adjacent land uses and any important environmental features.

A list of key project components must be prepared during the IA Planning Phase and is informed by the Detailed Project Description. The following components, therefore, are provided for illustrative purposes:

2.1.1 Common project components

water management infrastructure to divert, control, collect and discharge surface drainage and groundwater seepage to the receiving environment;
waterbody diversions/realignments;
water crossings;
construction workspace and laydown areas;
infrastructure;
storage for fuels, explosives and hazardous wastes;
source drinking and industrial water;
energy supply source;
waste disposal (types of waste, methods of disposal, quantity);
remediation of project site;
site access roads or routes;
worker accommodations;
borrow pits and quarries; and.
any other infrastructure relevant to the project.

2.1.2 Liquefied Natural Gas facilities

Liquefied Natural Gas (LNG) facilities up to the connection point with the natural gas carrier pipe, including natural gas receiving and processing equipment, liquefaction circuits, LNG and coolant storage tanks, flare stacks, generators, gas delivery pipelines and fume return lines and emergency and leak detection systems;
natural gas transshipment, storage and handling areas, including service and secondary electrical-power infrastructure and working surfaces;
marine terminals and associated changes in marine traffic; and
petroleum products storage tanks intended for the operation of machinery, compressors, generators, trucks, locomotives, ships or other (if any).

2.1.3 Onshore linear infrastructures, including pipelines

permanent and temporary linear infrastructures such as road, railroad, pipelines, power supply, primary electrical transmission lines; and
bridge, stream and river crossings.

2.1.4 Hydroelectric power generation

dam structures (i.e. rockfill or concrete);
reservoir;
powerhouse containing generating units/turbines;
spillway structures; and
water intake, structures including temporary and permanent tunnels.

2.1.5 Marine

floating or bottom-fixed drilling installations and/or production platforms;
work over and intervention vessels;
subsea installations, including subsea templates, production wells and gathering flow lines;
breakwaters and erosion protection structures;
marine transportation;
mooring systems;
offshore oil and gas pipeline;
port or marine terminal infrastructure and facilities, including any components that will be constructed in support of the project ; and
navigation activities, size and type of product transport and supply vessels.

2.2 Project cost estimates

The Impact Statement must provide an estimate of the total capital costs and incremental operating costs, if applicable, and changes to abandonment cost estimates, where applicable for the following:

pipelines;
compression or pumps;
metering and regulating;
tankage;
other facilities;
allowance for funds used during construction including rates used; and,
capitalized overhead, showing a separate breakdown of the main cost elements such as materials, installation, land and land rights.

2.3 Project activities

The Impact Statement must include descriptions of project activities to be carried out during each project phase, the location of each activity and the activity's duration, magnitude and scale.

The Impact Statement must provide a complete list of project activities and focus on activities with the greatest potential to have environmental, health, social and economic effects, or impacts on Indigenous people and rights of Indigenous peoples. Sufficient information must be included to adequately predict adverse and positive environmental, health, social and economic effects, the interaction between those effects and any disproportionate effects for diverse subgroups.

Evidence that input from diverse subgroups was sought through engagement activities to identify potential effects or other concerns and issues must be provided. The information must be sufficient to provide an analysis regarding the project's impacts in the context of potential interaction between VCs.
The Impact Statement must highlight activities that involve periods of increased disturbance to environmental, health, social and economic conditions or impacts on Indigenous peoples. The Impact Statement must include a schedule including time of year, frequency, and duration for all project activities.
The final list of key project activities must be completed during the planning phase of the IA, and is informed by the Detailed Project Description to be submitted by the proponent. The Impact Statement will include a summary of the changes that have been made to the project since originally proposed, including the benefits of these changes to the environment, Indigenous peoples and the public. Project activities, where relevant to the project, may include, but are not limited to a description of the elements listed below:

2.3.1 Site preparation and construction

construction staging;
site grubbing/clearing and excavation, including tree and vegetation removal;
blasting (frequency, duration, time of year, time of day and methods);
explosives manufacture, and storage and management;
construction of access roads;
clearing of transmission corridor and construction of powerline to site;
construction of site fencing;
changes to existing infrastructure (e.g. relocation of pipelines);
borrow materials requirement (source and quantity);
storage areas for material stockpiles;
water management, including water diversions, dewatering or deposition activities, stormwater management required (location, methods, timing);
operation of light duty, heavy-duty and mobile off-road equipment (type, quantity);
construction of administrative buildings, garages, and other ancillary facilities;
establishment of worker accommodations (capacity, wastewater treatment);
transportation of employees;
storage and management of hazardous materials, fuels and residues;
marine and/or port related dredging;
installation of subsea production systems;
offshore development drilling; and
installation of production platforms and mooring systems.

2.3.2 Operation

product production and stockpiling, product extraction, processing and treatment;
onshore drilling and blasting, explosives manufacture, storage and use;
offshore exploration drilling;
offshore production and transport;
seismic and vertical seismic profiling;
marine navigation activities relating to product transport or support vessels;
management and disposal of wastes onshore and offshore;
at-sea transfers of bulk materials;
storage, handling and transport of materials;
water management, including potable water, water use requirements, storm water, process water, wastewater, water recycling and effluent treatment (quantity, treatment requirements, release point(s);
storage and handling of reagents, petroleum products, chemical products, hazardous materials and residual materials;
dredging and maintenance dredging;
ocean disposal, methods and disposal locations;
mine waste management, including tailings, waste rock, ore, overburden and topsoil;
waste management and recycling (other than mine waste such as tailings and waste rock); and
workforce management, including transportation, work schedules and lodging.

2.3.3 Suspension, abandonment or decommissioning

the preliminary outline of a suspension, abandonment, decommissioning or reclamation plan for any components associated with the project;
the ownership, transfer and control of the different project components;
final site restoration;
removal of surface contamination from facilities and equipment;
plug and leave or remove well heads;
leave subsea pipelines;
dismantling and removal of equipment and systems;
demolition of buildings and ancillary structures;
long term care, monitoring and maintaining the integrity of the site and any remaining structures; and
suspension, abandonment or decommissioning for temporary or permanent facilities.

2.4 Workforce requirements

The Impact Statement must describe the anticipated labour requirements, employee programs and policies, and workforce development opportunities for the designated project, including:

opportunities for employment outlining the anticipated number of full-time and part-time positions to be created;
anticipated workforce region of origin (i.e. local, regional, out-of-province or international employees);
the skill and education levels required for the positions;
investment in training opportunities;
expected workforce requirements based on the National Occupational Classification system and timelines for employment opportunities;
working conditions and anticipated work scheduling for construction and operation (e.g. hours of work, rotational schedules, fly-in/fly-out);
anticipated hiring policies, including hiring programs;
workplace policies and programs for Indigenous employment, and employment of other underrepresented groups;
employee assistance programs and benefits programs; and
workplace policies and programs, including codes of conduct, workplace safety programs and cultural training programs.

3. Project Purpose, Need and Alternatives Considered

3.1 Purpose of the project

The Impact Statement must outline what is to be achieved by carrying out the project. The statement should broadly classify the project (e.g. electricity supply, mineral extraction/processing, etc.) and indicate the target market (e.g. international, domestic, local, etc.), where applicable. The purpose of statement should include any objectives the proponent has in carrying out the project. Proponents are encouraged to consider the perspectives of participants (i.e. public, Indigenous groups, governments) in establishing objectives that relate to the intended effect of the project on society.

3.2 Need for the project

The Impact Statement must describe the underlying opportunity or issue that the project intends to seize or solve and should be described from the perspective of the proponent. In many cases, the need for the project can be described in terms of the demand for a resource. The proponent should provide supporting information that demonstrates the need for a project. The information provided should make it possible to reasonably conclude that there is an opportunity or issue that warrants a response and that the designated project is an appropriate approach (e.g. the output of an operation does not excessively exceed the projected demand). The proponent may report the comments or views of Indigenous peoples, the public and other participants on the proponent’s need statement.

3.3 Alternatives to the project

In addressing alternatives to the designated project, the Impact Statement must provide a description of the functionally different ways that are technically and economically feasible to meet the project need and achieve the project purpose from the perspective of the proponent. For these technically and economically feasible alternatives to the project, the Impact Statement must provide sufficient information for the selection of alternatives to the project. The process of identifying and considering alternatives to the project must consider the views, information and knowledge from Indigenous peoples, the public and other participants, as well as existing studies and reports.

The analysis of alternatives to the project should serve to validate that the preferred alternative for the project is a reasonable approach to meeting the need and purpose and is consistent with the aims of the IAA.

3.4 Alternative means of carrying out the project

The Impact Statement must identify and consider the potential environmental, health, social and economic effects of alternative means of carrying out the designated project that are technically and economically feasible.

The Impact Statement must describe:

the criteria to determine technical and economic feasibility of possible alternative means;
the best available technologies considered and applied in determining alternative means;
each alternative means in sufficient and appropriate detail; and
those alternative means that are technically and economically feasible.

The Impact Statement must identify the elements of each alternative means and the associated adverse and positive environmental, health, social or economic effects or impacts on rights of Indigenous peoples, as identified by the Indigenous group(s). The application of Gender Based Analysis Plus (GBA+)^{Footnote 3} to the effects analysis to describe disproportionate effects for diverse subgroups is required. The proponent must also consider the views or information provided by Indigenous people, the public and other participants in establishing parameters to compare the alternatives means.

The Impact Statement must then identify:

the preferred alternative means of carrying out the project based on the consideration of environmental, health, social and economic effects, and of technical and economic feasibility and through the use of best available technologies;
the methodology and criteria used to determine the preferred alternative means and the unacceptability of excluded alternative means, including consideration of trade-offs associated with the preferred and alternative means; and
criteria to examine the environmental, health, social and economic effects of each remaining alternative means to identify a preferred alternative.

In its alternative means analysis, the proponent must address all project elements, including, but not limited to, the following project elements and components, where relevant to the project activities and design:

route or corridor and means options for transportation of LNG/oil/natural gas/concentrate;
route or corridor and means options for electrical transmission lines;
project site location;
access to the project site;
location of key project components;
facility design;
switchyard design;
marine-related:
- drilling unit systems;
- offshore exploration or production systems;
- disposal of drilling mud and cuttings, gas or produced water; and
- marine storage and supply locations.
energy sources to power the project site and other stationary sources to provide heat or steam to the project;
management of water supply and wastewater;
water management and location of the final effluent discharge points;
construction alternatives;
timing options for various components and phases of the project; and
suspension, abandonment or decommissioning options.

As relevant, the alternatives to and alternative means assessments should be informed by, but not limited to, the following:

any regional or strategic assessment;
any study or plan that is conducted or prepared by a jurisdiction – or an Indigenous governing body – in respect to the region related to the designated the project and that has been provided with respect to project;
any relevant assessment of the effects of the designated project that is conducted by or on behalf of an Indigenous governing body and that is provided with respect to the designated project;
Indigenous knowledge, community knowledge, comments received by the public, comments received from a jurisdiction; and
other studies or assessments realized by other proponents.

The proponent should refer to any current Agency guidance on this topic.

4. Description of Public Participation and Views

The Impact Statement must describe the proponent’s ongoing and proposed public engagement activities regarding the designated project. The proponent’s public engagement strategy will be informed in part by the Public Participation Plan issued by the Agency.

The Impact Statement must provide a description of efforts made to distribute project information and provide a description of information and materials that were distributed during the consultation process. The Impact Statement must indicate, for example, the methods used, where the consultation was held, the persons, organizations and diverse groups consulted, the views expressed and the extent to which this information was incorporated in the design of the project as well as in the Impact Statement. The Impact Statement must provide a summary of key issues related to the project that were raised through engagement with the public and the potential environmental, health, social and economic effects, including disproportionate effects, for diverse subgroups within the population. The Impact Statement must describe any outstanding issues raised by the public and ways to address them, such as alternatives means, specific mitigation measures or specific monitoring and follow-up programs to deal with uncertainty.

The Impact Statement should also provide details and commitments regarding how the public will be kept involved if the project were to be approved and were to proceed, such as public involvement in follow-up and monitoring programs.

The Impact Statement must identify public concerns that were not addressed, if any, and provide reasons why the concerns were not addressed.

The proponent should refer to Agency guidance on this topic.

5. Description of Engagement with Indigenous Groups

During the IA Planning Phase and in conjunction with the tailoring process, the proponent must meaningfully engage with Indigenous groups that may be affected by the project.

5.1 Analysis of potentially affected Indigenous groups

The Impact Statement must describe the analysis used to identify all Indigenous groups that may be impacted by the designated project, and provide:

the list of Indigenous groups potentially impacted by the project;
the source of information and analysis used in creating the list of potentially impacted Indigenous groups;
a list of potential effects and impacts to environmental, health, social and economic conditions of each Indigenous group and the predicted degree (e.g. high, moderate, low) of those effects and impacts;
the rights of each Indigenous group, that the groups themselves have identified, that may be impacted by the designated project; and
the sources of information and analysis used to determine the extent of the potential impacts on each Indigenous group.

5.2 Record of engagement

The Impact Statement must provide a record of engagement that describes all efforts, successful and unsuccessful, taken to seek the views of each potentially affected Indigenous group with respect to the designated project. This record of engagement is to include all engagement activities undertaken prior to the submission of the Impact Statement during the Planning Phase and in the preparation of the Impact Statement. The Impact Statement must include:

the list of Indigenous groups engaged by the proponent, including those that the proponent was unsuccessful in engaging;
the engagement activities undertaken with each Indigenous group, including the date, means and results of engagement;
a description of efforts to engage diverse populations of each Indigenous community in culturally appropriate ways, including groups identified by gender, age or other community relevant factors (e.g. hunters, trappers, and other harvesters) in order to support the collection of information needed to complete the GBA+; and
a description of how engagement activities by the proponent were intended to ensure Indigenous groups were provided an opportunity to evaluate its potential positive and negative impacts on their members, communities, activities, and rights, as identified by the Indigenous group(s).

5.3 Analysis and response to questions, comments, and issues raised

The Impact Statement must provide an analysis of the input received from Indigenous groups with respect to the designated project. This analysis is to include all input received by Indigenous groups prior to, and since commencing, the Impact Assessment process. This analysis is to include, and not be limited to, the identification of potential effects and impacts, including impacts on rights of Indigenous peoples and the identification of specific VCs where appropriate.

The analysis in the Impact Statement must also include consideration of Indigenous knowledge provided by Indigenous groups. Indigenous knowledge that is not already publicly available or where written consent has not been provided by the Indigenous group(s) should not be included. Permission from the Indigenous group should be sought before including Indigenous knowledge in the Impact Statement, regardless of the source of the Indigenous knowledge.

Indigenous knowledge is holistic and in IA, it can provide insights related to knowledge of the environment, social, cultural, economic, health, Indigenous governance and resource use. It is important that Indigenous knowledge be included for all of these aspects of the technical assessments, not only to look at potential impacts of the project on Indigenous peoples. Given the holistic nature of Indigenous knowledge, it may be presented in one section of the Impact Statement, rather than being broken down into the technical sections or chapters. It is also important to capture the context in which Indigenous groups provide their Indigenous knowledge and to convey it in a culturally appropriate manner.

The Impact Statement must also document how the proponent responded to questions, comments and issues raised by Indigenous groups, and how unresolved matters have been addressed in the Impact Statement. Any proposed mitigation measures are to be clearly linked, to the extent possible, to VCs in the Impact Statement as well as to specific project components or activities. The analysis and responses are to include:

main issues, questions and comments raised during the engagement activities by each Indigenous group and the proponent’s responses, including how matters have been addressed in the Impact Statement or will be addressed through the Impact Assessment;
future planned engagement activities, and if none are planned, rationale for not undertaking future engagement activities;
where and how Indigenous groups’ perspectives and input were integrated into or contributed to decisions regarding the project (e.g. project design), including:
- scoping, development and collection of baseline information;
- plans for construction, operation, decommissioning, abandonment, and maintenance; and
- follow-up and monitoring.
where and how Indigenous groups’ perspectives and input were integrated in the characterization of the nature of environmental, health, social and economic effects and impacts expected from the project for each Indigenous group;
where and how Indigenous groups’ perspectives and Indigenous knowledge and input were integrated in avoiding, mitigating or accommodating identified effects and impacts; and
where potential impacts on rights of Indigenous peoples are identified, provide a description of how each potential impact would be avoided, managed, mitigated, or accommodated (and provide this information for each Indigenous group separately).

The proponent should refer to Agency guidance on this topic.

6. Guidance on Conducting the Impact Assessment

6.1 Establishing baseline conditions

The Impact Statement must provide a description of the environmental, health, social and economic setting directly and incidentally related to the designated project. This should include the existing environmental, health, social and economic components, interrelations and interactions as well as the variability in these components, processes and interactions over time scales and geographic boundaries appropriate to the project. Meaningful, two-way dialogue with communities and Indigenous groups provides input that may describe how these components and processes are interrelated.

The information describing the existing baseline conditions may be provided as a stand-alone chapter in the Impact Statement or integrated into clearly defined sections for relevant VCs, including effects assessment of each VC and VC interactions, identification of mitigation measures, residual effects analysis and cumulative effects assessment.

The application of GBA+ to these baseline descriptions to disaggregate and specify baseline conditions for diverse subgroups is necessary to support the GBA+ of effects. Both qualitative and quantitative data may be necessary to describe baseline conditions across diverse subgroups.

There is no need for the Impact Statement to provide detailed descriptions of existing features of environmental, health, social or economic components that would not be impacted by the project as determined by the Agency through engagements with FAs, lifecycle regulators, Indigenous groups, the public and interested parties.

In describing the biophysical environment, the Impact Statement must take an ecosystem approach that considers how the project may affect the structure and functioning of biotic and abiotic components with the ecosystem using scientific, community and Indigenous knowledge regarding ecosystem health and integrity, as applicable. The Impact Statement must provide a description of the indicators and measures used to determine ecosystem health and integrity, identified during early planning and reflected in the TISG. The presence of endangered ecosystems potentially affected by the designated project should be included the description of the biophysical baseline conditions.

The Impact Statement must consider the resilience of relevant species populations, communities and associated habitats to the effects of the project. Ecological processes should be evaluated for potential susceptibility to adverse effects from the project. Considerations include: patterns and connectivity of habitat patches; continuation of key natural disturbance regimes; structural complexity; hydrogeological or oceanographic patterns; nutrient cycling; abiotic-biotic and biotic interactions; population dynamics, genetic diversity, Indigenous knowledge relevant for the conservation and sustainable use of relevant species populations, communities and associated habitats.

If the baseline data have been extrapolated or otherwise manipulated to depict environmental, health, social and/or economic conditions within the study area, modelling methods must be described and must include assumptions, calculations of margins of error and other relevant statistical information. Models that are developed should be validated using field data from the appropriate local and regional study areas.

The Impact Statement must establish appropriate study area boundaries to describe the baseline conditions. The study area boundaries need to encompass the spatial boundaries of the project including any associated project components or activities, and the anticipated boundaries of the project effects. Considerations in assigning appropriate study areas or boundaries would include, but not be limited to:

areas potentially impacted by changes to water quality and quantity or changes in flow in the watershed and hydrologically connected waters;
areas potentially impacted by airborne emissions or odours;
areas determined by dispersion and deposition modelling;
areas within the range of vision, light and sound and the locations and characteristics of the most sensitive receptors;
species habitat areas, usage timing and migratory patterns;
emergency planning and emergency response zones;
the geographic extent of local and regional services;
any affected communities;
all potentially affected Indigenous groups;
areas of known Indigenous land, cultural, spiritual and resource use; and
existing affected infrastructure.

The information requirements for baselines that may be included in the TIS Guidelines are detailed in Sections 7-11.

6.1.1 Sources of baseline information

Information sources and data collection methods used for describing the baseline environmental, health, social and economic setting may consist of:

field studies, including site-specific survey methods;
database searches, including federal, provincial, territorial, municipal and local data banks;
protected areas, watershed or coastal management plans;
natural resource management plans;
species recovery and restoration plans;
field measurements to gather data on ambient or background levels for air, water, soil and sediment quality, light levels or acoustic environment (soundscape);
remote sensing information;
published literature;
environmental assessment documentation, including monitoring reports, from prior projects in the area and similar projects outside the area;
regional studies, project assessments and strategic assessments;
renewable harvest data;
Indigenous knowledge, including oral histories;
expert, community, public and Indigenous engagement and consultation activities, including workshops, meetings, open houses, surveys;
qualitative information gathered from interviews, focus groups or observation;
census data;
baseline human health risk assessments;
community and regional economic profiles; and
statistical surveys, as applicable.

The Impact Statement must provide detailed descriptions of specific data sources, data collection, sampling, survey and research protocols and methods followed for each baseline environmental, health, social and economic condition that is described, in order to corroborate the validity and accuracy of the baseline information collected.

6.2 Select Valued Components (VCs)

The list of VCs must be finalized during the IA Planning Phase and will be informed through engagement with the public, Indigenous groups, lifecycle regulators, jurisdictions, federal authorities (FAs), and other interested parties. The Impact Statement must describe VCs, processes, and interactions that are identified to be of concern or that the Agency considers likely to be affected by the designated project and has included in the TIS Guidelines.

The Impact Statement must indicate to whom these concerns are important (e.g. the public, FAs or Indigenous groups) and the reasons why, including environmental, cultural, spiritual historical, health, social, economic, recreational, aesthetic considerations, and Indigenous knowledge. The value of a component not only relates to its role in the ecosystem, but also to the value people place on it. VCs to be included in the TIS Guidelines will be, in part, based on what communities and Indigenous groups identify as valuable to them in the IA Planning Phase.

Accordingly, the Impact Statement must provide the rationale for selecting specific VCs and for excluding any VCs or information specified in the TIS Guidelines. The priority in selecting VCs to be included and assessed should be project-specific and focused on appropriateness, not influenced by the quantity of information available or the use of the VCs in other assessments.

In selecting a VC to be included, the following factors will be considered:

VC presence in the study area;
the extent to which the effects of the designated project and related activities have the potential to interact with the VC;
the extent to which the VC is linked to Indigenous interests or rights of Indigenous peoples and whether an Indigenous group has requested the VC;
the extent to which the VC is linked to a federal, provincial, territorial or municipal government priorities;
information from any ongoing or completed regional assessment processes;
the possibility that an adverse impact on the VC would be of particular concern to Indigenous groups, the public, or federal, provincial, territorial, municipal or Indigenous governments; and
whether the potential effects of the project on the VC can be measured and/or monitored or would be better ascertained through the analysis of a proxy VC.

The VCs must be described in sufficient detail to allow the reviewer to understand their importance and to assess the potential environmental, health, social and economic effects and impacts arising from the designated project activities.

6.3 Define spatial and temporal boundaries

The spatial and temporal boundaries determined and established for the IA will vary depending on the VC and are considered separately for each VC, including VCs related to the environmental, health, social and economic conditions of Indigenous peoples, or other potential effects and impacts referred to above. The spatial and temporal boundaries to be used in the IA are outlined and discussed through the tailoring process, and include comments and input from federal and provincial government departments and agencies, lifecycle regulators, local government, Indigenous groups, the public and other interested parties.

The Impact Statement must describe the spatial boundaries, including local and regional study areas, for each VC included in assessing the potential adverse and positive environmental, health, social and economic effects of the designated project and provide a rationale for each boundary. Spatial boundaries are defined taking into account the appropriate scale and spatial extent of potential effects and impacts of the project; community knowledge and Indigenous knowledge; current or traditional land and resource use by Indigenous groups; rights of Indigenous peoples, including cultural and spiritual practices; and physical, ecological, technical, social, health, economic and cultural considerations. As well, the size, nature and location of past, present and foreseeable projects and activities are factors included in the definition of spatial boundaries. It should be noted that in some cases, spatial boundaries may extend to areas outside of Canada. These transboundary spatial boundaries should be identified where transboundary effects are expected.

The temporal boundaries of the IA span all phases of the designated project determined to be within the IA. If potential effects are predicted after project decommissioning or abandonment, this should be taken into consideration in defining specific boundaries.

In order to assess a project’s contribution to sustainability, consideration should be given to the long-term effects on the well-being of present and future generations. Defining temporal boundaries should consider how elements of environmental, health, social and economic well-being that communities identified as being valuable could change over time.

6.4 Effects assessment

The Impact Statement must describe in detail the project’s potential adverse and positive effects in relation to each phase of the designated project (construction, operation, maintenance, suspension, decommissioning, and abandonment). The environmental, health, social or economic effects may be described in terms of the context, magnitude, geographic extent, ecological context timing, duration and frequency, and whether effects are reversible or irreversible. The spatial scoping of the assessment will vary depending on the VC and should be consistent with the spatial boundaries that were established for baseline data collection. If there is an ongoing or completed regional assessment in the proposed project area, the proponent should use the information generated through that process to inform the effects assessment.

The assessment of the effects of each of the project components and physical activities, in all phases, must be based upon a comparison of baseline environmental, health, social and economic conditions and the predicted future conditions with the project and the predicted future conditions without the project. Predictions must be made on clearly stated assumptions and the Impact Statement must clearly describe how it has tested each assumption. During the planning phase, specific models or effects assessment methodologies that are most appropriate for the project may be identified by the Agency.

The description of the effect can be either qualitative or quantitative. Effects must be described using criteria to quantify or qualify adverse effects, taking into account any important contextual factors. With respect to quantitative models and predictions, the Impact Statement must detail the model assumptions, parameters, the quality of the data and the degree of certainty of the predictions obtained. For other effects, it may be more appropriate to use other criteria, such as the nature of the effects, directionality, causation and probability. The effects assessment should also set out the probability or likelihood of that effect occurring and describe the degree of scientific uncertainty related to the data and methods used.

Effects may affect the communities and stakeholders in different ways, and therefore they may respond differently to them. Characterizing effects should be based largely on the level of concern expressed through engagement with the affected Indigenous groups and community members. There are tools that can assist with these predictions and analyses, including multi-criteria analysis, risk assessment, modelling, in addition to seeking out expert and stakeholder input. Effects should be characterized using language most appropriate for the effect (e.g. impacts on rights of Indigenous peoples and social effects may be described differently from biophysical effects).

The assessment of effects, should take into account interactions between the project and past, present and reasonably foreseeable physical activities to be carried out, as described in section 20, “Cumulative Effects Assessment”.

6.5 Interactions between effects and VCs

Although the requirements set out in these guidelines are separated by environmental, health, social or economic conditions and elements, the Impact Statement must consider and describe the interactions between the environmental, health, social and economic effects as well as the interaction and interconnectedness of selected VCs taking into account community values.

For example, an adverse environmental effect on water could also have an adverse effect on human health. That same adverse environmental effect on the physical component, water, could result in an adverse environmental effect on the biological component fish, that could in turn, have an adverse social effect on fishing and/or an adverse economic effect on an outfitter that provides guiding services. Alternatively, this pathway could also be impacted by a positive effect on water (e.g., in remediation-related projects). Considering and describing effects holistically, both positive and negative, requires taking a systems approach that considers interactions between VCs and with other environmental, health, social and economic factors.

6.6 Describe any planned mitigation measures

Every IA conducted under the IAA must identify measures that are technically and economically feasible and that would mitigate any adverse environmental, health, social and economic effects of the designated project. Conversely, the proponent must identify enhancement measures to increase positive effects. Under the IAA, mitigation measures include measures to eliminate, reduce, control or offset the adverse effects of a designated project, and include restitution for any damage caused by those effects through replacement, restoration, compensation or other means. Measures to enhance positive project effects may include skills training, local procurement strategies, investments in community infrastructure (e.g., roads, services). Measures are to be specific, achievable, measurable and verifiable, and described in a manner that avoids ambiguity in intent, interpretation and implementation.

For more information, see section 18, "Mitigation and Enhancement Measures".

6.7 Describe residual effects after mitigation

After considering the consequences of technically and economically feasible mitigation measures, the Impact Statement must describe any residual environmental, health, social or economic effects of the designated project and whether those effects would occur in the local or regional study area. This includes consideration of both positive and negative effects of the project and input received from the public, Indigenous groups, lifecycle regulators, jurisdictions, federal authorities (FAs) and other interested parties. If an Indigenous group identifies that there are residual effects to Indigenous rights or interests, those effects should be carried through for residual effects analysis. Where appropriate, information regarding residual effects should be disaggregated by sex, age and other community relevant identity factors to identify disproportionate residual effects for diverse subgroups as per the GBA+.

Proponents must describe the extent to which residual effects are adverse. Where relevant, or where best practice or evidence-based thresholds exist, effects should be described using criteria to quantify adverse effects. This includes criteria such as whether the effects are high or low in magnitude, the geographical extent, timing, frequency, duration and reversibility of the effects, taking into account any important contextual factors.

In addition, effects should be characterized using language most appropriate for the effect (for example impacts on rights of Indigenous peoples and social effects may be described differently from biophysical effects). The description of the effect can be either qualitative or quantitative. It may be more appropriate for other effects to be described using other criteria, such as the nature of the effects, directionality, causation and probability.

Impacts may affect the communities and stakeholders in different ways, and therefore they may respond differently to them. Characterizing effects should be based largely on the level of concern expressed through engaging with the affected Indigenous groups and community members. There are tools that can assist with these predictions and analyses, including multi-criteria analysis, risk assessment and modelling, in addition to seeking out expert and stakeholder input.

For more information, see section 19, "Residual Effects".

6.8 Cumulative Effects Assessment

The proponent must identify and assess the designated project’s cumulative effects using the approach described in the Agency’s guidance documents related to cumulative environmental, health, social and economic effects. If there is an ongoing or completed regional assessment in the proposed project area, the proponent should use the information generated through that process to inform the cumulative effects assessment.

Cumulative effects are defined as changes to the environment, health, social and economic conditions as a result of the project’s residual environmental, health, social and economic effects combined with the existence of other past, present and reasonably foreseeable physical activities, as well as within activities of the project itself from multiple emissions and discharges (e.g. simultaneous operations) to understand synergistic or additive effects. Cumulative effects may result if:

the implementation of the project may cause direct residual adverse effects to the VC, taking into account the application of technically and economically feasible mitigation measures; and
the same VC may be affected by other past, present and future physical activities.

A cumulative effect on an environmental, health, social or economic component may be important even if the project’s effects to this component by themselves are minor. The tailoring process for developing TIS Guidelines identifies and prioritizes the list of VCs on which the cumulative effects assessment must focus and also substantiates the rationale for the final selection. Finalizing the choice of VCs and the appropriate boundaries, including potential transboundary areas, to assess cumulative effects, is informed and confirmed as part of the tailoring process through consultation with the public, Indigenous groups, lifecycle regulators, jurisdictions, federal authorities (FAs) and other interested parties.

The cumulative effects assessment must include consideration of cumulative effects to rights of Indigenous peoples and cultures. Both the content and means of presenting this information is to be developed in consultation with each potentially impacted Indigenous group. Proponents are encouraged to collaborate with Indigenous groups in the cumulative effects assessment. Where Indigenous groups do not wish to participate in the cumulative effects assessment with the proponent, the proponent is to share a preliminary draft of the cumulative effects assessment on an Indigenous group’s rights and culture with them in order to receive feedback prior to submitting the Impact Statement to the Agency.

For more information, see section 20 Cumulative Effects Assessment.

7. Baseline Conditions – Biophysical Environment

Through the tailoring process for the development of TIS Guidelines, the Agency may determine that there is no need for the Impact Statement to provide detailed descriptions of existing baseline features that would clearly not be impacted by project construction, operation, maintenance, suspension, abandonment or decommissioning.

The following, therefore, is a list of elements, within the existing biophysical environmental setting for all designated projects that could be identified as VCs and which would require a detailed baseline description in the Impact Statement. This list and corresponding requirements will be refined based on engagement, consultations and analyses conducted as part of the planning process. The same approach will apply to other VC categories.

Where baseline data are available in GIS format, this information is to be provided to the Agency as electronic geospatial data file(s) compliant with the ISO 19115 standard. This would support the Government of Canada’s commitment to Open Science and Data and would facilitate the sharing of information with the public through the Agency’s Registry and Internet Site and the Government’s Open Science and Data Platform. GIS Data Supply Guidelines are currently under development.

Consult the Guidance on submitting geospatial data for more information.

7.1 Atmospheric, acoustic, and visual environment

The Impact Statement must:

provide the results of a baseline survey of ambient air quality by identifying and quantifying emission sources for the following contaminants: total suspended particulates, fine particulates smaller than 2.5 microns (PM_2.5), respirable particulates of less than 10 microns (PM₁₀), carbon monoxide (CO), ozone, sulphur oxides (SOx), nitrogen oxides (NOx), volatile organic compounds (VOCs), hydrogen sulphide (H₂S), and any other toxic air pollutants (mobile and stationary sources);
address seasonal variability in the baseline survey and should include a determination of background or ambient contaminant concentrations with monitoring data of appropriate duration, representativeness, data completeness, data validation and quality control;
provide dispersion modelling of a base case to account for existing pollutant sources and to determine the spatial distribution of pollutants within the study area;
describe existing radon gas conditions;
describe all direct and indirect sources of baseline air emissions, including mobile, stationary and fugitive;
provide current ambient noise levels at key receptor points (e.g. Indigenous groups or communities), including the results of a baseline ambient noise survey and permissible sound levels for each receptor. Information on typical sound sources, geographic extent and temporal variations will be included;
provide information on all noise-sensitive receptors in the study area, including any foreseeable future receptors, and distances of receptors from the project;
for the aquatic environment, provide current underwater soundscape and vibration descriptions of the study area and at the project site from various sources based on acoustic measurements. Provide information on vibration and sound sources, geographic extent and spatial and temporal variations within the water column and at the seafloor; and
describe existing ambient night-time light levels at the project site and at any other areas where project activities could have an effect on light levels. The Impact Statement will describe night-time illumination levels during different weather conditions and seasons.

Guidance from Health Canada regarding the appropriate baseline information for air quality and noise is identified in Reference Documents – Part 2.

7.2 Meteorological Environment

The Impact Statement must:

describe the local and regional climate including historical records of relevant meteorological information (e.g. total precipitation (rain and snow);
provide mean, maximum and minimum temperatures;
provide typical wind speed and direction;
identify the potential for extreme weather events such as, wind, precipitation and temperature extremes;
provide hourly meteorological data (wind speed and direction, air temperature, net radiation, turbulence and precipitation data) from a minimum of one year to support dispersion modelling that captures the normal variability of meteorological conditions; and
provide pan evaporation measurements if available or estimates of monthly (or daily) evapotranspiration.

7.3 Geology, geochemistry and geological hazards

The Impact Statement must:

describe the bedrock and host rock geology, including a table of geologic descriptions, including alteration styles, geological maps and cross-sections of appropriate scale;
describe the geomorphology, topography and geotechnical characteristics of areas proposed for construction of major project components, including the presence and distribution of permafrost, if applicable; identify any areas with potential for acid-generating rock and predict metal leaching and acid rock drainage including oxidation of primary sulphides and secondary soluble sulphate minerals;
identify any geological hazards that exist in the areas planned for the project facilities and infrastructure, including:
- history of seismic activity in the area, including induced earthquakes, and secondary effects such as the risk of seismic generated tsunamis, landslides and liquefaction;
- evidence of active faults;
- isostatic rise or subsidence;
- history of landslides, slope erosion and the potential for ground and rock instability/landslides, and subsidence during and following project activities;
- history of landslide-generated tsunamis if near a shoreline;
- history or and potential of submarine landslides; and
- history and potential of volcanic related hazards.
provide a characterization of the geochemical composition of expected mined materials such as waste rock, ore, low grade ore, tailings, overburden and potential construction material, which should include; ore mineralogy, major and trace elements, and potential for acid generation, neutralization and contaminated neutral drainage;
describe baseline concentrations of contaminants of concern (these may include but are not limited to selenium, sulphate, cadmium, nitrate and calcite, heavy metals) within the local, regional and downstream receiving environments; and
provide a geochemical characterization of leaching potential.

7.4 Topography, soil and sediment

The Impact Statement must:

describe the landforms, soils and sediments within the local and regional project areas, including sediment stratigraphy; surficial geology maps and cross sections of appropriate scale;
identify any areas of ground instability;
provide maps depicting soil depth by horizon and soil order within the project site area to support soil salvage and reclamation efforts, and to outline potential for soil erosion;
describe the suitability of topsoil and overburden for use in the reclamation of disturbed areas including an assessment of the acid generating potential of overburden to be used;
for agricultural lands or forested lands with agricultural capability describe:
- the soil classification, including the order, group, family, series and type of soil prior to construction, and quantify the soil classification;
- the productivity of land and the type of agricultural resource;
- the soil types in the study area highly susceptible to: wind and erosion, soil compaction and loss of structure and tilth;
- any other soil types needing specific management of mitigation measures; and
- soil conservation and protection measures.
describe the historical land use and the potential for contamination of soils and sediments and describe any known or suspected soil contamination with the study area that could be re-suspended, released or otherwise disturbed as a result of the project; and
identify ecosystems that are sensitive or vulnerable to acidification resulting from the deposition of atmospheric contaminants.

For projects within the permafrost regions:

describe permafrost conditions including distribution of frozen and unfrozen ground, thermal conditions (ground temperatures), ground ice, thaw sensitivity and active layer thickness;
describe the interactions between permafrost, surface water and ground water, and topography, as well as rock fractures and talik zones between different surface-ground waters; and
describe the potential for thaw settlement and terrain instability associated with ground thawing in permafrost areas.

7.5 Riparian and wetland environments

The Impact Statement must:

provide pre-project characterization of the shoreline, banks, current and future flood risk areas, wetland catchment boundaries;
quantify, delineate and describe wetlands (fens, marshes, peat lands, bogs, etc.) within the local study area potentially directly, indirectly and/or cumulatively affected by the project in the context of:
- wetland class, ecological community type and conservation status;
- biodiversity;
- abundance at local, regional and provincial scales;
- distribution; and
- current level of disturbance.
provide data files of mapped features depicting natural areas and wildlife presence within, and use of, the study area;
determine whether these wetlands are within a geographic area of Canada where wetland loss or degradation has reached critical levels, or considered ecologically or socially or economically important to a region;
identify and describe wetland capacities to perform hydrological and water quality functions, provide for wildlife and wildlife habitat or other ecological functions;
provide a wetland functions assessment in accordance with the guiding principles of Wetland Ecological Functions Assessment: An Overview of Approaches or any subsequent approved guidelines by which to determine the most appropriate functions assessment methodology to use (see Reference Documents – Part 2); and
identify a regional study area of sufficient size to capture effects to wetlands within the larger drainage area and include wetlands located outside of the local study area that may be affected by hydrological changes as a result of cumulative effects.

7.6 Groundwater and surface water

Requirements for the characterization of baseline groundwater and surface water conditions in an Impact Statement will vary depending on the type of project. They will be commensurate in emphasis and detail with potential effects on groundwater and on surface water. Requirements listed here are in a sequence corresponding to the steps of a generic, coupled, groundwater-surface water characterization study.

The Impact Statement must:

provide complete hydrometeorological (temperature, precipitation, evapotranspiration) information based on data from nearby weather stations or from a weather station on site;
provide the delineation of drainage basins, at appropriate scales (water bodies and watercourses), including intermittent streams, flood risk areas and wetlands, boundaries of the watershed and sub-watersheds, in relation to key project components;
provide flow hydrographs for nearby streams and rivers showing the full range of seasonal and inter-annual variations; They may be based on data from nearby gauging stations or from gauging stations on site;
provide stage hydrographs for nearby lakes showing the full range of seasonal and inter-annual water level variations;
provide the timing of freeze/thaw cycles, ice cover, and ice conditions for surface water bodies in the project area;
provide for each water body potentially affected by the project, the total surface area, bathymetry, maximum and mean depths, and type of substrate (sediments);
provide a delineation and characterization of groundwater-surface water interactions, including an identification of groundwater-dependent ecosystems, wetlands, discharge and recharge areas;
In northern regions, describe permafrost conditions and taliks and their influence on groundwater-surface water interactions;
develop a quantitative surface water balance for the local or regional watershed(s) containing the project;
identify all springs and any other potable surface water resources within the local and regional project areas and describe their current use, potential for future use, and whether their consumption has Indigenous cultural importance;
describe the surface water quality baseline characterization program, including sampling site selection, monitoring duration and frequency, sampling protocol, and analytical protocol, including quality assurance and quality control measures;
provide baseline surface water quality data for physico-chemical parameters (temperature, pH, electrical conductivity, dissolved oxygen, turbidity) and relevant chemical constituents (major and minor ions, trace metals, radionuclides, nutrients, and organic compounds, including those of potential concern); the data should illustrate the seasonal and inter-annual variability in baseline surface water quality, including possible changes due to groundwater – surface water interactions;
identify all domestic, communal, or municipal water wells within the local and regional project areas, including their screened hydrostratigraphic unit and piezometric level; describe their current use, potential for future use, and whether their consumption has any Indigenous cultural importance;
identify all groundwater monitoring wells within the project area, including their location, completion details (diameter, screen depth), geological log, screened hydrostratigraphic unit, piezometric level, and monitoring frequency;
provide monitoring well hydrographs showing the full range of seasonal and inter-annual water level variations;
describe the groundwater quality baseline characterization program including sampling site selection, monitoring duration and frequency, sampling protocol, and analytical protocol including quality assurance and quality control measures;
provide baseline groundwater quality data for physicochemical parameters (temperature, pH, electrical conductivity, dissolved oxygen, turbidity) and relevant chemical constituents (major and minor ions, trace metals, radionuclides, nutrients, and organic compounds, including those of potential concern); the data should illustrate the seasonal and inter-annual variability in baseline groundwater quality, including possible changes due to groundwater - surface water interactions;
describe the hydrostratigraphic units (aquifers, aquitards, aquicludes) of the hydrogeological environment in both bedrock and overburden;
describe the structural geology of the hydrogeological environment including major faults, fracture density and orientation with respect to groundwater flow directions;
describe the groundwater flow boundaries of the hydrogeological environment for the purposes of the Impact Statement;
provide the hydraulic properties of the hydrostratigraphic units including data on hydraulic conductivity, specific storage, transmissivity, storativity, saturated thickness, porosity, and specific yield, as applicable;
provide hydrogeological maps and cross-sections of the study area showing water table elevations, potentiometric contours, interpreted groundwater flow directions, groundwater divides and areas of recharge and discharge;
present a conceptual model of the hydrogeological environment including a discussion of geomorphic, hydrostratigraphic, hydrologic, climatic, and anthropogenic controls on groundwater flow;
develop a 3-dimensional numerical groundwater flow model for the project area based on the conceptual model of the hydrogeological environment;
state limitations and assumptions in the modelling approach;
calibrate the numerical model to baseline hydrogeological conditions using groundwater level and stream flow monitoring data; and provide metrics and graphs describing the quality of the calibration that was achieved;
analyse the sensitivity of key model outputs to hydraulic properties and climatic parameters such as recharge; and
using the calibrated numerical model, provide a baseline groundwater budget including baseflow discharge to wetlands, streams and rivers, recharge from lakes or streams, and any anthropogenic withdrawals.

7.7 Marine environment and marine geohazards

The Impact Statement must:

describe seasonal marine water quality (e.g. water temperature, turbidity, hydrocarbons, total suspended solids, salinity and pH);
provide a description of marine geology, geomorphology and geohazards including:
- bottom sediment type, competence, thickness, grain size; and
- ice scours, gas charged sediments, gas hydrates, sediment diapirs, fluid escape features, in northern areas the presence of subsea permafrost, permafrost and melting hazards, sediment mobility, sediment overpressures and loading, faults and their movement, erosion past and present and its potential as a hazard, and geo-biological hazards like bioherms.
describe the historical marine use and the potential for contamination of sediments and describe any known or suspected sediment contamination within the study area that could be re-suspended, released or otherwise disturbed as a result of the project;
provide a description of the physical oceanography within the study area including surface and subsurface current patterns, current velocities, waves, storm surges, long shore drift processes, tidal patterns, and tide levels for the site, in proximity to the site, and along the marine shipping routes with consideration of predicted climate change effects;
describe coastal processes, including zones of erosion and deposition;
provide bathymetric information for the study area and along marine shipping routes if applicable;
describe sea ice climate in the regional and local study area, including ice formation and thickness, ridging, breakup and movement;
describe sea ice conditions along the marine shipping routes with consideration of predicted climate change and its possible effect on the timing and frequency of iceberg and/or ice island encounters or timing of sea ice formation in the future;
provide a description of fast-ice characteristics, including its surface area and seasonal stability at the site of any designated project and/or port and along marine shipping routes; and
provide a characterization and mapping of sensitive shorelines in all areas that may be of risk of shoreline oiling resulting from a potential accident or malfunction.

7.8 Vegetation

The Impact Statement must:

within the local study area of the project, provide a description of:
- the biodiversity, relative abundance and distribution of vegetation species and communities of ecological, economic or human importance (e.g. traditional use, forestry, tame pasture, native prairie, wetland or old growth);
- the conservation status (i.e. listed under the Species at Risk Act (SARA) or assessed by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) to be ‘at risk’, including species of concern) applicable to any particular species or communities;
- the species critical habitat as described in final or draft recovery strategies or action plans;
- the current level of disturbance associated with vegetation, including a description of level of habitat fragmentation; and
- the amount, merchantability and location of any merchantable timber to be removed during project construction.
identify the biodiversity metrics, biotic and abiotic indicators that are used to characterize the baseline vegetation biodiversity and discuss the rationale for their selection;
provide GIS data files of mapped features depicting vegetation presence within the study area to the Agency as electronic geospatial data file(s) compliant with the ISO 19115 standard;
provide data files of mapped features depicting vegetation presence within the study area;
describe any weed species, other invasive species, and introduced species of concern;
describe the natural disturbance regime (e.g. fire, floods, droughts, etc.); and
describe the use of local vegetation as a source of country foods (traditional foods) and whether its consumption has any Indigenous cultural importance.

7.9 Fish and fish habitat

The Impact Statement must:

provide a characterization of fish (as defined in subsection 2(1) of the Fisheries Act) and other aquatic species on the basis of resident and migratory species, food webs and trophic levels, structural and functional linkages, life history and population dynamics, such as dispersion, fertility, recruitment, mortality rates, re-colonization, age structure, sex ratios, population regulation, stability, distribution (communities, stocks, subpopulations, metapopulations), movements, migratory patterns, routes and preferred corridor, seasonal and annual trends in abundance, sensitive habitats and periods in relation to the study area, behavioural habitat selection, mating strategies, social interactions, predator-prey interactions at multiple spatial and temporal scales, which are critical to identifying effects to population persistence and ecological processes;
provide a description of the biodiversity within the freshwater and marine environment, including: trophic state, periphyton, phytoplankton, zooplankton, fish and the interactions and relative significance of each species with the identified food chains;
identify the biodiversity metrics, biotic and abiotic indicators that are used to characterize the baseline biodiversity for fish and marine animals, including the rationale for their selection
provide information on the surveys carried out and the source of data available (e.g. location of sampling stations, catch methods, date of catches, species, catch-per-unit effort);
describe primary and secondary productivity in affected water bodies with a characterization of biotic interaction processes (e.g. food web and trophic levels, nutrient cycling), season variability, ranges and sensitive periods;
list any aquatic species at risk, including critical habitat, that are known to be present within the study area;
provide a description and location of critical habitats for aquatic species at risk that are known to be present within the study area;
describe habitat by mesohabitat (e.g. pool, riffle, run), including the length of the section, width of the channel from the high water mark (bankfull width), water depths, type of substrate (sediments), aquatic and riparian vegetation, and photos;
identify natural obstacles (e.g. falls, beaver dams) or existing structures (e.g. water crossings) that hinder the free passage of fish;
provide a characterization of fish habitat features that may demonstrate the presence of fish species in terms of appropriate habitats – water quality and quantity characteristics, sediment type characteristics, seafloor terrain features, prey, shelter, refuge, feeding, spawning habitats, nursery habitats, rearing habitats, overwintering, migration routes and the sensitive times for these activities;
provide a description of habitat information that includes water depths (bathymetry) and the littoral, sublittoral, bathyal, epipelagic, mesopelagic, bathypelagic zones;
describe the use of fish and/or aquatic species as country foods, and whether its consumption has Indigenous cultural importance.
provide a list of marine mammal species that may be present, the times of year they are present, the ranges of the species, their habitat and their migration patterns;
describe the use of fish as a source of country foods (traditional foods) and whether its consumption has Indigenous cultural importance;
describe any existing, designated or proposed special marine areas such as: marine refuges, marine conservation areas, species at risk critical habitat, ecological reserves and marine protected areas, in proximity to the project location or that could be affected by routine project operations; and,
identify sensitive habitat areas (e.g. Ecologically and Biologically Sensitive Marine Areas) within the study area and along the shipping route.

Certain intermittent and ephemeral watercourses or waterbodies may constitute fish habitat or contribute indirectly to fish habitat during a certain period. The absence of fish or water at the time of the survey does not irrefutably indicate an absence of fish and/or fish habitat (e.g. migratory corridor).

7.10 Birds, migratory birds and their habitat

The Impact Statement must:

describe biodiversity of bird species and their habitats that are found or are likely to be found in the study area, including identification of Bird Conservation Regions (BCRs) and BCR strategies. Possible information sources include, but are not limited to: wildlife experts/naturalists, Canadian Conservation Data Centres, BCR strategies, E-Bird, Breeding Bird Atlases, Environment and Climate Change Canada’s guidance on Bird Surveys (see Reference Documents – Part 2);
identify the biodiversity metrics, biotic and abiotic indicators that are used to characterize the baseline avifauna biodiversity and discuss the rationale for their selection;
provide estimates of the abundance and distribution, and information on the life history of migratory and non-migratory birds (including, but not limited to, waterfowl, raptors, shorebirds, marine birds, marsh birds and other land birds) in the study area. Estimates may be based on existing information, or additional surveys, as appropriate, to provide current data sufficient for reliable estimates;
identify areas of concentration of migratory birds, including sites used for migration, staging, breeding, feeding and resting;
describe food webs and trophic linkages to summarize biotic interactions;
provide a characterization of habitat features found in the project area, that are associated with the presence of those bird species that are likely to be affected, based on the best available existing information (e.g. land cover types, vegetation, marine elements), including habitat fragmentation;
provide an estimate of year-round bird use of the area (e.g. winter, spring migration, breeding season, fall migration), based on data from existing sources and surveys to provide current field data if required to generate reliable estimates;
describe the use of (magnitude, timing) migratory and non-migratory birds as a source of country foods (traditional foods) and whether consumption has Indigenous cultural importance; and
identify any and all federal Species at Risk and/or Critical Habitat in the study area; sites that are likely to be sensitive locations and habitat for birds or environmentally significant areas. These include National Parks, Areas of Natural or Scientific Interest, Migratory Bird Sanctuaries or other priority areas or sanctuaries for birds, National Wildlife Areas or World Biosphere Reserves, offshore Marine Protected Areas and Ecologically and Biologically Significant Marine Areas.

The description of bird species and their habitat in the study area may be based on existing sources, but supporting evidence is required that demonstrates that the data used are representative of the avifauna and habitats in the study area. Existing data must be supplemented by surveys, if required to produce a representative sample of the avifauna and habitats of the study area.

Avian surveys should be designed based on a thorough review of the available scientific literature pertinent to the specific region, bird groups and anticipated effects. The Canadian Wildlife Service’s Framework for the Scientific Assessment of Potential Project Impacts on Birds provides examples of project types and recommended techniques for assessing effects on migratory birds (see Reference Documents – Part 2).

7.11 Terrestrial wildlife and their habitat

The Impact Statement must:

identify wildlife species, other than avian species, of ecological, economic or human importance, within the study area, that are likely to be directly or indirectly affected and describe each species’:
- biodiversity, distribution and location;
- abundance and population status;
- life cycle;
- seasonal ranges, migration and movements;
- habitat requirements; and
- sensitive periods (e.g. seasonal, diurnal and nocturnal).
for the species identified above, describe and quantify the habitat type, including its: function; location; suitability; structure; diversity; relative use, natural inter-annual and seasonal variability, and; abundance as it existed before project construction;
identify the biodiversity metrics, biotic and abiotic indicators that are used to characterize the baseline biodiversity for terrestrial wildlife and discuss the rationale for their selection;
describe the use of terrestrial wildlife as a source of country foods (traditional foods) and whether its consumption has Indigenous importance;
describe the use and harvesting of fur-bearing species and whether its harvesting has Indigenous cultural importance;
describe any locations within the study area that might constitute sensitive areas for terrestrial wildlife such as: species at risk critical habitat that has been designated or is under consideration, ecological reserves and protected areas, in proximity to the project location or that could be affected by routine project operations or 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, National Wildlife Areas, World Biosphere Reserves or UNESCO Natural World Heritage Sites;
identify wildlife management areas and established or proposed sanctuaries; and
describe the levels of disturbance currently affecting wildlife and wildlife habitat, such as habitat fragmentation and the extent of human access and use.

7.12 Species at Risk

The Impact Statement must:

provide a list of all species at risk listed under Schedule 1 of the federal Species at Risk Act that may be directly or indirectly affected by the designated project. Use existing data and literature as well as surveys to provide current field data that reflects the natural inter-annual and seasonal variability of each species;
provide a list of all provincially listed protected species at risk and species assessed by the COSEWIC that have status of extirpated, endangered, threatened or of special concern and that may be directly or indirectly affected by the designated project. Use existing data and literature as well as surveys to provide current field data that reflects the natural inter-annual and seasonal variability;
for the species above:
- provide any published studies that describe the regional importance, abundance and distribution of species at risk including recovery strategies or plans;
- data must be supplemented by surveys, as required;
- survey protocols should optimize detectability and survey effort should provide for comprehensive coverage at the appropriate time of year (e.g. survey breeding habitat during breeding season, stopover habitat during migration);
- survey protocols should provide a rationale for the scope of and the methodology used for surveys including design, sampling protocols and data manipulation; and
- where using recognized standards, provide details of any modifications to the recommended methods and rationale for these modifications and indicate who was consulted in the development of the baseline surveys (e.g. federal/provincial wildlife experts, specialists and local Indigenous groups).
provide information and/or mapping at an appropriate scale for residences, seasonal movements, movement corridors, habitat requirements, key habitat areas, identified or proposed Critical Habitat and/or recovery habitat (where applicable). Describe the general life history of species at risk (e.g. breeding, foraging) that may occur in the project area, or be affected by the project.

COSEWIC provides an annual report listing the designated wildlife species on its website (see Reference Documents – Part 2).

7.13 Ambient Radioactivity

For designated projects or project related physical activities that potentially could change the radiological conditions within the study area, the Impact Statement must:

describe the ambient radiological conditions at the project site and within the local and regional study areas. The Impact Statement must provide information on existing conditions including an inventory of sources, activity levels and origin for all environmental components including air, soil, food, water, aquatic sediments, plant and animal tissue;
describe human and non-human biota exposed to ambient radioactivity, including information on radiation levels to which workers and members of the public are exposed;
describe country food exposure pathways, taking into account cultural norms and traditional activities of Indigenous peoples; and
describe current radiological monitoring, management programs and any special studies, including detailed results from these programs.

Guidance on radiological baseline information requirements is provided in Reference Documents – Part 2.

8. Baseline Conditions – Human Health

Baseline information is required on existing human health conditions and must include the current state of physical, mental and social well-being and incorporate a social determinants of health approach to move beyond biophysical health considerations. A social determinants of health approach recognizes that health is more than the absence of disease but includes broad factors that support well-being. The scope and content of the human health baseline will reflect the specific project context, taking into account input of public and Indigenous groups, and should include indicators that are meaningful for the effects analysis. The information provided must:

be sufficient to provide a comprehensive understanding of the state of human health, including potentially impacted Indigenous groups;
describe how community and Indigenous knowledge from relevant populations was used in establishing health baseline conditions including input from diverse subgroups; and
describe baseline health conditions for diverse subgroups within the community to support GBA+.

In preparing the report on baseline health conditions, the proponent must identify the social area of influence of the project. Information on interested parties, those likely to be affected directly and indirectly by the project, should be provided in association with a consideration of those in the community who are considered particularly vulnerable to changes brought about by the project.

As applicable, the baseline information must be sufficiently disaggregated and analysed to support the analysis of disproportionate effects as per the GBA+. To understand the community and Indigenous context and baseline health profile, thefollowing information will be required:

describe any context-specific definitions of health and well-being, including from the perspective of the relevant Indigenous cultures;
describe relevant community and Indigenous history or context, including historical impacts on health;
use a social determinants of health approach to identify and describe relevant health outcomes. Social indicators of health should be selected to reflect the setting and circumstances of the affected communities and should be selected from the suite of indicators commonly recommended by the Public Health Agency of Canada, including the following:
- physical environments
- employment and working conditions
- social environments
- health services
- income and social status
- education and literacy
- gender
complete a community health profile that describes the overall health of the community which may include information on birth rates, death rates, sexually transmitted infections, injuries, chronic disease rates, mental health status and other community-relevant health issues, where available through secondary information sources (e.g. Public Health Agency, Statistics Canada, provincial health authorities);
describe and characterize the existing health services and programs, including health care provider capacity;
describe drinking water sources, both surface and/or groundwater (permanent, seasonal, periodic or temporary), including approximate well-head capture zones;
describe the consumption of country foods (traditional foods) outside of the commercial food chain, including food that is trapped, fished, hunted, harvested or grown for subsistence, medicinal purposes or has Indigenous cultural importance;
provide baseline contaminant concentrations in the tissues of country foods (traditional foods) consumed by Indigenous groups and local communities;
describe the status of food security within the Indigenous groups and local communities; and
describe which country foods (traditional foods) are consumed by which Indigenous groups, how much, how frequently, and where these country foods (traditional foods) are harvested.

Guidance for developing the appropriate baseline information relevant to human health is identified in Reference Documents – Part 2.

9. Baseline Conditions – Social

Baseline information is required on existing social conditions and must include social well-being and social activities for individual communities and Indigenous groups. The scope and content of the social baseline conditions should be tailored to the specific project context, take into account community and Indigenous input, and should include indicators and information that are useful and meaningful for the effects analysis. The information provided must:

be sufficient to provide a comprehensive understanding of the current state of each VC, including relevant trends;
describe how community and Indigenous knowledge related populations was used in establishing social baseline conditions, including input from diverse subgroups; and
describe baseline social conditions using disaggregated data for diverse subgroups within the community to support GBA+.

In preparing a baseline, the proponent must identify the social area of influence of the project and prepare a community profile. To understand the community context, the information provided must describe:

influences on community well-being;
access, ownership and use of resources (e.g. land tenure, minerals, food, water, social infrastructure);
capacity (currently available or planned) of institutions to deliver public services and infrastructure;
relevant historical community background; and
applicable history with previous developers.

Information related to interested parties, those likely to be affected directly and indirectly by the project should be provided in association with a consideration of those in the community who are considered particularly vulnerable to changes brought about by the project.

Baseline information must be sufficiently disaggregated and analysed to support the analysis of disproportionate effects as per GBA. The information provided must:

describe the general patterns of human occupancy and resource use based on the spatial and temporal boundaries selected (include maps where available);
describe the rural and urban settings;
provide general information about local populations and diverse subgroups (e.g. women, gender-diverse people, youth, elders, people with disabilities) and their roles and responsibilities in the communities;
describe sites or areas that are used by local populations and Indigenous peoples either for permanent residences or on a seasonal/temporary basis and the number of people who use each site or area identified (include a map(s), where possible);
describe the existing local and regional infrastructure in the study area, including: railways, highways, and traffic levels and patterns, pipelines, water mains, sewage lines, existing power lines and any other potential affected facility;
describe the existing local and regional services in the study area such as; accommodation, recreation, waste disposal, police, fire fighting, ambulance and health care services, education;
describe social and community services (e.g. day care);
describe existing navigable waterways and provide a listing of potentially affected waterway users and concerns regarding waterway use and access;
describe current use of all waterways and waterbodies, including recreational uses; and
describe structures, sites and things of historical, archaeological, paleontological, cultural, spiritual or architectural significance.

Baseline data can often be found in secondary information sources, such as census data, government publications and academic literature. Where secondary sources are unable to provide the required information, primary sources such as surveys, key informant interviews, focus groups or other primary research methods should be used.

10. Baseline Conditions – Economic

This economic baseline should document the local and regional economic conditions and trends based on the spatial and temporal boundaries selected. The scope and content of the economic baseline should reflect the specific project context, take into account community and Indigenous group input, and should include indicators and information that are useful and meaningful for the effects analysis. The information provided must:

be sufficient to provide a comprehensive understanding of the current state of each VC, including relevant trends;
describe how community and Indigenous knowledge from related populations, including input from diverse groups, was used in establishing baseline conditions; and,
describe baseline economic conditions for diverse subgroups within the community to support GBA+.

Information on those likely to be affected directly and indirectly by the project should be provided in association with a consideration of those in the community who are considered particularly vulnerable to changes brought about by the project. As applicable, the baseline information must be sufficiently disaggregated and analysed to support the analysis of disproportionate effects as per GBA+.

The Impact Statement must:

describe the main economic activities in the study area;
describe the labour force, including the availability of skilled and unskilled workers, existing working conditions, wages and/or average salary range, full-time and part-time employment and training;
provide an overview of the availability of businesses that may provide supplies and services required for the project;
describe the demographic features of the local and regional population as well as any prevalent economic concerns and economic aspirations of residents, families and workers in the study area;
provide an overview of the existing employment rates and economic well-being in the study area and impacted communities;
characterize the economic conditions to support the assessment of project related effects, including the differences of experiences by diverse subgroups, including Indigenous populations, as appropriate (e.g. women, youth, elders);
describe the current use of land and water bodies in the study area including a description of hunting, recreational and commercial fishing, trapping, outdoor recreation, use of seasonal cabins, outfitters, agriculture, forestry and institutional; and
describe marine commercial fisheries, including species fished, number of licences, value of fisheries and breakdown between domestic vs. international fisheries, where applicable.

11. Baseline Conditions - Indigenous Peoples

Proponents are encouraged to engage with Indigenous groups in developing baseline conditions, in order to identify and understand the potential impacts of their projects on Indigenous peoples, and to incorporate Indigenous knowledge into the impact assessment. The results of any engagement should be presented in the Impact Statement, and, as best as possible should reflect the perspective of the Indigenous peoples involved.

Generally, the proponent is encouraged to provide an opportunity for Indigenous groups to review the information prior to submission of the Impact Statement. The Impact Statement should indicate where input from Indigenous groups has been incorporated, including Indigenous knowledge. To the extent possible, information should be specific to the individual Indigenous group(s) involved in the assessment, and describe contextual information about the members within an Indigenous group (e.g. women, men, elders and youth).

Where Indigenous groups do not wish to participate, the proponent is encouraged to continue sharing information and analysis with the Indigenous groups of the potential effects of the project, and to use available public sources of information to support the assessment.

The proponent is encouraged to consult Agency guidance on engaging Indigenous groups, in particular, Guidance on Assessing Potential Impacts on the Rights of Indigenous Peoples under the Impact Assessment Act.

Where possible, the impact statement should include contextual information, both historic and current, regarding an Indigenous group's history and cultural practices, land use, as well as the manner in which rights of Indigenous peoples are, or may be, exercised and impacted by the project, as identified by the Indigenous groups. The contextual information may include the following:

the physical and cultural heritage of each Indigenous group;
the current use of lands and resources for traditional purposes;
the health, social, and economic conditions of Indigenous peoples; and
nature and extent of the rights exercised.

11.1 Physical and Cultural Heritage

The Impact Statement should include a description of the historical baseline conditions associated with Indigenous cultures. This description should give consideration to understanding historical baseline conditions associated with ability to transmit culture (e.g. through language, ceremonies, harvesting, teaching of sacred laws, traditional laws, stewardship laws, traditional knowledge).
Indigenous physical and cultural heritage is considered to include, but is not limited to, any site, structure or thing of archaeological, paleontological, historical or architectural significance.
Information with respect to Indigenous groups can include:

burial sites;
cultural landscapes;
oral histories;
cultural values and experiences of being on the land;
Indigenous governance systems and Indigenous laws tied to the landscape;
sacred, ceremonial or culturally important places, plants, animals, objects, beings or things; and
archaeological potential and/or artefact places.

11.2 Current Use of Lands and Resources for Traditional Purposes

The Impact Statement should include information on the current use of lands and resources for traditional purposes (e.g. hunting, fishing, trapping, plant gathering, ceremonial or spiritual practices). Proponents are encouraged to refer to guidance on the Agency's website on how to consider the current use of lands and resources for traditional purpose.
In general, the Impact Statement should consider:

location and description of Treaty rights, title area, land claims or traditional territory (including maps where available);
location of reserves and communities;
traditional activities presently or historically practiced (e.g. hunting, fishing, trapping, gathering of plants or medicines);
location of traditional uses, including hunting, trapping, and fishing camps, cabins and gathering or teaching grounds;
types of traditional resources such as fish, wildlife, birds, plants or other natural resources and their habitats of importance for supporting traditional use;
places where culturally important fish, wildlife, birds, plants or other natural resources are harvested;
access and travel routes for conducting traditional practices;
frequency, duration or timing of traditional practices;
where known, efforts of the groups to bring back traditional practices;
description of country foods (traditional foods);
the quality and quantity of resources (e.g. preferred species and perception of quality);
access to resources (e.g. physical access to harvest specific species, culturally important harvesting locations, timing, seasonality, distance from community);
the experience of the practice (e.g. connection to the landscape without artificial noise and sensory disturbances, air quality, visual landscape, perceived or real contamination, etc.); and
other current uses identified by Indigenous groups.

Should this type of information be found through public sources, the proponent should advise the Indigenous group and offer a reasonable opportunity to review and comment before including it in the Impact Statement.

11.3 Health, social and economic conditions

The baseline conditions requirements set out in the sections above for health, social and economic conditions, include Indigenous peoples and GBA+ specific to Indigenous peoples.

11.4 Conditions Related to the Rights of Indigenous Peoples

The Impact Statement should document the nature and extent of the exercise of rights of Indigenous peoples, potentially impacted by the project, as identified by the Indigenous group(s). Indigenous groups may also provide their perspective through consultations with the Agency. This information related to rights may include, but is not limited to:

a general description of the section 35 rights exercised in the area of the project, including the historic, regional and community context;
the quality and quantity of resources required to support exercise the right (e.g. preferred species);
access to the resources required to exercise rights (e.g. physical access to culturally important places, timing, seasonality, distance from community);
the experience associated with the exercise of rights (e.g. noise and sensory disturbances, air quality, visual landscape);
specific areas of cultural importance where rights are exercised;
landscape conditions that support the Indigenous group's exercise of rights (e.g. large, intact and diverse landscapes, areas of solitude; connection to landscape);
where possible, information about members within an Indigenous group, and their role in the exercise of rights (e.g. women, men, elders, youth, people with disabilities);
how the Indigenous group's cultural traditions, laws and governance systems inform the manner in which they exercise the rights (the who, what, when, how, where and why);
where they exist, identification of thresholds identified by the community that, if exceeded, may impair the ability to meaningfully exercise of rights;
maps and data sets (e.g. overlaying the project footprint, places of cultural and spiritual significance, traditional territories, fish catch numbers); and
pre-existing impacts and cumulative effects that are already interfering with the ability to exercise rights or to pass along Indigenous cultures and cultural practices (e.g. language, ceremonies, Indigenous knowledge).

12. Predicted Changes to the Physical Environment

Changes to the components of the physical environment outlined below are interrelated with other components as part of the broader ecosystem. The description of changes to the physical environment may be integrated into the effects assessment of each VC and the interaction between VCs in the Impact Statement. An alternative approach is to identify these physical environmental components as VCs unto themselves.

12.1 Changes to the atmospheric, acoustic, and visual environment

The Impact Statement must:

provide a quantitative assessment of criteria air contaminants (total particulate matter, PM₁₀, PM_2.5, sulphur oxides, nitrogen oxides, volatile organic compounds, and carbon monoxide) as well as any air contaminants potentially associated with the project;
provide an assessment of project emissions potentially contributing or adding to existing ground ozone levels;
include an atmospheric dispersion model of the criteria air contaminants in order to estimate the contaminant concentrations present in the entire area that could potentially be affected by atmospheric emissions resulting from various project-related activities (sources), including the use of heavy machinery during construction, the facility operations, and road, rail and marine transportation (provide appropriately scaled contour map(s) plotting the predicted emissions). The choice of air quality model must be appropriate for the complexity of sources, terrain and meteorology;
provide details of all air quality model configuration, including meteorology, land-use, gridded and sensitive receptors and chemical and physical transformation settings;
assess the potential for emissions from the project to contribute to acid deposition and exceedances of critical loads for terrestrial and aquatic ecosystems;
describe the source characteristics (e.g. point emissions, area sources, flaring and incineration emissions, and fugitive sources);
provide emission rates for all project and regional sources within the study area, including emission factors (with methodology, uncertainty assessment and references) and all assumptions and related parameters that would enable calculations to be reproduced;
use established methods for estimating emissions from on-road and off-road activities;
provide a comparison of predicted air quality concentration against the Canadian Ambient Air Quality Standards (CAAQS) for fine particulate matter (PM_2.5), sulphur dioxide (SO₂) and nitrogen dioxide (NO₂) and ozone (O₃). Predicted concentrations for other air pollutants relevant to the project should be compared with appropriate provincial and territorial guidelines. The assessment against CAAQS should be based on the principles of “keeping clean areas clean” and “continuous improvement”, and in the context of air sheds and air zones with the Air Quality Management System;
describe participation in national or regional air emission tracking and reporting programs or provide rationale why participation is not required;
provide a description of all methods and practices (e.g. control equipment, heat or gas recovery systems) to be implemented to reduce and control emissions.. If the best available technologies are not included in the project design, the proponent needs to provide a rationale for the technologies selected;
provide details of the achievement of emission standards for all mobile and stationary engines used in the project;
provide justification for all control efficiencies used to reduce emission rates of sources within the model, including details of all assumptions associated with the related mitigation measures, and their achievability;
describe changes in ambient vibration and sound levels resulting from the project;
where there is public concern associated with an increase in sound levels during construction, provide a vibration and sound IA, including an overview of the concerns;
for projects that result or may result in an increase in sound emissions during any phase of the project, the Impact Statement must:
- quantify sound levels at appropriate distances from any project facility and/or activities and describe the frequency, duration and character of sound;
- describe the locations and characteristics of the most sensitive receptors including species at risk; and
- describe consultation with regulators, stakeholders, community groups, landowners and Indigenous groups about potential effects to the acoustic environment.
identify and justify the approach to determine the extent to which sound effects resulting from the project are adverse, and describe any changes in night-time light levels as a result of the project; and
describe any positive changes.

Guidance from Health Canada regarding air quality health and noise impacts is identified in Reference Documents – Part 2.

12.2 Changes to groundwater and surface water

With respect to potential project effects on the physical hydrogeological system, the Impact Statement must:

provide a project-specific water use assessment identifying and describing the quantity and quality of water resources potentially affected by the project, including water withdrawn from local waterbodies used as a supply source, the flow or volume of water available in the waterbodies, and how and where waste waters would be discharged;
present a 3-dimensional numerical groundwater flow model of the hydrogeological system that incorporates all major project features such as open pits, underground workings, waste rock piles, tailings management facilities, dewatering wells, and water diversion ditches:
- the model should be based on the calibrated model used to describe baseline conditions; and
- the use of telescopically refined groundwater flow models is recommended in the vicinity of open pits and tailings management facilities.
using the numerical groundwater flow model, estimate key project fluxes, including open pit or mine inflow rates, pit or mine dewatering rates, pit or mine flooding rates, and tailings seepage rates during operations and the post-closure period;
using the numerical groundwater flow model, estimate changes to surface water and groundwater regimes during operations and the post-closure period, including effects of mine dewatering on lake levels, effects on baseflow in rivers and streams, effects on wetlands, effects on recharge and discharge, effects on potable supplies, and effects on natural flow divides; and
provide drawings and/or figures showing groundwater piezometric contours to illustrate projected seepage patterns for applicable project components.

With respect to potential project effects on water quality in the receiving environment, the Impact Statement must:

present any applicable site water management plan, including water diversion and mine flooding strategy in the post-closure period;
present estimates of surface water runoff rates for major project components, including waste rock piles, ore stockpiles, and tailings management facilities;
present an integrated site water balance model incorporating surface and groundwater fluxes to or from all major project components, for the operation and post-closure periods;
present an integrated chemical mass balance model incorporating surface and groundwater chemical loads to or from all major project components, for the operations and post-closure periods;
describe any applicable water quality treatment measures and provide evidence supporting the effectiveness of these measures;
describe the quantity and quality of all effluent streams released from the site to the receiving environment, including seepage from tailings management facilities, overflow from pits or mine workings, and surface runoff from mine components;
describe changes to groundwater quality due to effluents from the project, including changes to physicochemical parameters (temperature, pH, salinity, dissolved oxygen), chemical constituents (major and minor ions, trace metals, radionuclides, nutrients, organic compounds); Describe any changes to groundwater quality that could affect surface water quality;
describe any changes to groundwater quality that could affect surface water quality;
provide an assessment for off-site migration pathways for impacted groundwater, and an analysis of contaminant attenuation capacities within the hydrogeological units of the project study area;
describe changes to surface water quality due to effluents from the project including changes to physicochemical parameters (temperature, pH, salinity, dissolved oxygen, turbidity), chemical constituents (major and minor ions, trace metals, radionuclides, nutrients, organic compounds); and
describe groundwater and surface water monitoring programs during the operations and post-closure periods.

With respect to potential project effects on water quality resulting from acid rock drainage and/or metal leaching, the Impact Statement must:

describe the types of method used to predict acid rock drainage and/or metal leaching on sample tailings, waste rock, and ore;
provide an assessment of short-term metal leaching properties;
provide longer term kinetic testing to evaluate rates of acid generation, if any, and metal(loid) leaching;
describe the quality of humidity cell or column test leachate from acid rock testing;
compare results of acid rock drainage-metal leaching tests to the authorized limits of deleterious substances listed on Schedule 4 of the Metal and Diamond Mining Effluent Regulations, as well as the pH of effluent and the requirement for effluent to be non-acutely lethal;
provide estimates of the potential for mined materials (including waste rock, tailings and low grade ore) to be sources of acid rock drainage or metal leaching; estimates of potential time to the onset of acid rock drainage or metal leaching;
provide estimates of surface and seepage water quality from the waste rock dumps, tailings impoundment facility, stockpiles and other infrastructure during operation and post-closure periods;
provide estimates of pit water chemistry during operation and post-closure periods using geochemical modeling of pit water quality if necessary;
provide waste rock, tailings and low grade ore volumes and tonnage, and disposal methods;
assess the feasibility of segregating potentially-acid generating and non-potentially acid generating waste materials during operations, proposed geochemical segregation criteria and identification of operational methods that will be required to achieve geochemical characterization during operations (i.e. geochemical surrogates, on site lab, procedures needed, etc.);
provide a sensitivity analysis to assess effects of imperfect segregation of waste rock;
describe methods to prevent or control acid rock drainage and metal leaching during operation and post-closure periods;
describe acid rock drainage and metal leaching prevention/management strategies under a temporary or early closure scenario, including low grade ore; and
describe contingency plans, operational and post-closure monitoring, and maintenance plans.

12.3 Changes to riparian, wetland and terrestrial environments

The Impact Statement must:

provide an overall description of changes related to landscape disturbance including fragmentation of habitats and project impacts on areas of ground instability;
describe any hydrological or drainage changes that may alter moisture regimes and how that may affect vegetation;
describe any contaminants of concern potentially associated with the designated project that may affect soil, sediment or water;
describe the historical land use and the potential for contamination of soils and sediments and potential for loss of soil fertility. 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;
describe the vegetation standards and controls to be implemented while constructing and operating the project;
describe any integrated vegetation management programs, including:
- the criteria and circumstances for applying chemical, biological or mechanical control methods; and
- the methods to be used to prevent spread of non-native, invasive species; the selection of plant species to be kept and planted to promote naturally low growing plant communities (e.g. for linear projects).
describe any revegetation procedures to be implemented as part of the project, including:
- revegetation techniques and the locations where they would be implemented;
- seed mixes to be used, application rates and location of application;
- fertilizers to be used, application rates and locations, and criteria for determining these specifications; and
- contingency planting and seeding plans that include a description of species to be replanted, the locations for replanting and criteria for determining these specifications.
describe any positive changes (e.g. from offsets that result in re-vegetation, new wetlands etc.)

12.4 Changes to the marine environment

The Impact Statement must:

describe the physical effects to the estuarine and marine environment, including:
- changes to water and sediment quality and characteristics (temperature, chemical composition, nutrients, turbidity), oceanographic conditions, etc.);
- changes to bathymetry;
- changes to the marine ecosystem, including effects to biodiversity;
- changes to the marine resources and habitat;
- changes in marine animals behaviour, including migration, feeding and breeding patterns due to an increase in noise, destruction of habitat; and
- changes caused by ship traffic.
describe the sources, quantities and frequency project related emissions and discharges to the marine environment from vessels, including drill ships, drilling and production platforms or any other type of vessels or seafloor infrastructure. This should include, but not be limited to, discharges of ballast water, grey water, sewage, food waste, deck wash, muds and drill cuttings resulting from all phases of the project or any accidental spills of any kind;
for marine projects that require dredging or disposal at sea, provide a description of:
- the location of dredging activity (including a bathymetric chart of the area);
- local conditions including seasonal flow currents and tide cycles that inform sediment transport;
- the sediments to be dredged and disposed (e.g. quantities, particle size) base on a sampling program representative of site conditions;
- characterization of sediment quality where there is a risk of contamination;
- the proposed location of disposal activity (including a bathymetric chart of area) and supporting rationale for a preferred disposal site along with alternatives considered;
- how disposal is to be conducted along with alternatives considered;
- the predicted dispersion and deposition of sediments over time of both dredging and disposal using scientifically acceptable techniques, including dispersion modeling where appropriate. Such predictions would include attention to suspended solids in the water column or turbidity, and to short and long-term accumulation of material on the seafloor along with contaminant concentrations; and
- the route, duration and number of trips between dredging site and disposal site(s) along with equipment employed.
describe the effects to the use of the marine environment, including estuarine, salt marsh and marine habitats; and
describe how seawalls, jetties, groins, breakwaters, navigation channels, deepening, inlet formation, and sand removal by mining affect longshore currents or littoral drift that move sediment downdrift along the beach and contribute to shoreline retreat, deposition updrift and erosion downdrift.

12.5 Radiological conditions

For all phases of the project, and where appropriate and integrated into other appropriate sections within the Impact Statement, the Impact Statement must:

describe changes to radiation and radioactivity present in the terrestrial and aquatic environment, the atmosphere, and to workers or nearby communities; and
document plans and strategies for assessing the effects of the project related to the release of radionuclides to the environment, including sampling media and/or indicator species, measured parameters, sampling methodologies, locations and frequencies.

13. Effects to Valued Components – Environment

Within the context of the predicted changes to the physical environment, the proponent must assess the effects of the project on environmental VCs. Interconnections between environmental VCs and social, health and economic VCs and interactions between effects must also be described.

13.1 Fish and fish habitat

The Impact Statement must:

describe any direct, indirect or cumulative predicted positive and/or adverse effects to fish (all developmental stages) and fish habitat as defined in subsection 2(1) of the Fisheries Act, including the calculations of any potential habitat loss (temporary or permanent) including spawning grounds, nursery, rearing, food supply, and migration areas, or death of fish. The assessment must include a consideration of:
- the geomorphological changes and their effects to hydrodynamic conditions and fish habitats (e.g. modification of substrates, dynamic imbalance, silting of spawning beds);
- the modifications of hydrological, hydrometric and oceanographic conditions on fish habitat, critical habitat for aquatic species at risk, and on the fish species’ life cycle activities (e.g. reproduction, fry-rearing, movements);
- potential effects to riparian areas that could affect aquatic biological resources and productivity taking into account any anticipated modifications to fish habitat (e.g. structure, cover);
- changes to water quality both at the discharge point and in the receiving environment;
- any potential imbalances in the food web and trophic levels in relation to baseline conditions;
- effects to the primary and secondary productivity of water bodies and how project-related effects may affect fish food sources;
- potential for direct effects from contaminants on fish and also bioaccumulation of contaminants (e.g. selenium, mercury) in fish downstream of the project;
- potential direct and indirect effects on fish behaviour, distribution, abundance, migration patterns; and
- potential losses of individuals and relationship to population density and the resiliency of a population.
describe the effects of changes to the aquatic environment on fish and their habitat, including:
- the anticipated changes in the composition and characteristics of the populations of various fish species and provincially or federally listed aquatic species at risk;
- describe any modifications in migration, local movements (e.g. upstream and downstream migration, and lateral movements) or stranding of fish, following the construction, operation or closure of works (e.g. physical, chemical and hydraulic barriers);
- identify any reduction in fish populations as a result of potential overfishing due to increased access to the project area;
- contaminant levels in harvested species and their prey; and
- describe any modifications and use of habitats, including the ability to access the habitat.
include a discussion of how project construction timing correlates to key fisheries windows for freshwater and anadromous/catadromous species, and any potential effects resulting from overlapping periods;
a discussion of how vibration caused by project activities (e.g. blasting) may affect fish habitat and behaviour, such as spawning or migrations;
describe potential effects from impingement and entrainment of fish and other aquatic biota through water withdrawal and from subsequent release of heated effluent (e.g. water cooling systems);
describe any need for an Fisheries Act authorization and/or a Species at Risk Act permit and describe any consideration of Department of Fisheries and Oceans guidance documents;
for linear projects, describe and justify watercourse-crossing techniques to be used and the criteria for determining the techniques proposed for each watercourse-crossing;
include a risk assessment of the potential introduction and intrusion of aquatic invasive species due to, for example, ballast water discharge, ship wash;
describe effects from changes in sound level and exposure (e.g. blasting, shipping);
describe effects from changes in light level;
describe any positive changes, such as habitat creation;
describe the anticipated changes in the composition and characteristics of the populations of fish, following modifications to the aquatic environment, including but not limited to:
- disruption of life stages or habitat with regard to their productivity, life cycles, migration, or local movements including a consideration of feeding, calving, nursing, overwintering, resting;
- disruption of feeding activities;
- distribution and abundance;
- contaminant levels in harvested species and their prey;
- acoustic masking of echolocation or communication calls;
- a consideration of a change in: behavior, displacement, access to habitat, habitat structure, species composition, ecosystem structure and function and habitat quality; and
- marine animal health and condition.
describe the potential effects of marine traffic and sound on marine animal individuals or populations, including, but not limited to:
- risk of collision with vessels (ship strike);
- disruption of activities such as resting, feeding, calving, movement, migration;
- marine mammal behaviour including the physiological effects of underwater sound on individuals;
- increased turbidity; and
- ballast discharge and potential for introduction of invasive species.
describe any project effects to other marine organisms, including but not limited to: sea turtles, benthic organisms, shellfish coral; and
describe any changes to marine plants, including all benthic and detached algae, marine flowering plants, brown algae, red algae, green algae and phytoplankton.

For projects requiring the use of natural water bodies frequented by fish for the disposal of mine waste and/or for the management of process water, an amendment to the Metal and Diamond Mining Effluent Regulations (MDMER) will be required. This regulatory process will not be initiated until the proponent has undertaken a detailed assessment of alternatives for mine waste disposal.

By fulfilling the requirements of the regulatory authorization during the Impact Assessment, authorizations may be granted in an accelerated manner. For further guidance, the proponent should consult Environment and Climate Change Canada’s Guidelines for the Assessment of Alternatives for Mine Waste Disposal (see Reference Documents – Part 2).

13.2 Birds, migratory birds and their habitat

The Impact Statement must:

describe direct, incidental and cumulative predicted positive and/or adverse effects to migratory birds and non-migratory birds, including population level effects that could be caused by all project activities, including but not limited to:
- site preparation/vegetation removal;
- deposit of harmful substances in waters that are frequented by migratory birds;
  - changes to the aquatic flow regime and sediment load;
  - flaring of gas; and
  - site reclamation.
describe short term and long term changes to habitats and food sources of migratory and non-migratory birds (types of cover, ecological unit of the area in terms of quality, quantity, distribution and functions), with a distinction made between these two birds categories, including losses, structural changes and fragmentation of riparian habitat (aquatic grass beds, intertidal marshes), terrestrial environments (e.g. grasslands, forested, old growth, post fire) and wetlands frequented by birds;
describe the changes to the bird-habitat relationships; the change in biodiversity, abundance, and density of the avian community that utilise the various habitat types or ecosystems;
describe the change in mortality risk, including as a result of collision of migratory birds with flaring gas, any project infrastructure, vessels and vehicles; and
describe the incidental effects caused by increased disturbance (e.g. sound, artificial light, presence of workers), relative abundance movements, considering the critical periods for the birds, including but not limited to breeding, migration and overwintering.

13.3 Terrestrial wildlife and their habitat

The Impact Statement must:

describe the potential direct, incidental and cumulative adverse effects to other wildlife and wildlife habitat, including population level effects that could be caused by all project activities, including but not limited to: any linear access corridors (roads, transmission lines, rights of way) particularly in the vicinity of wetland, lake and riparian habitats and on migratory corridors;
describe effects to terrestrial wildlife biodiversity considering biodiversity metrics, effects of fragmentation, changes to regional biodiversity;
describe the potential adverse effects of the designated project on species noted as important to Indigenous groups and local communities and their habitat that are not currently listed under the Species at Risk Act or provincial statutes;
provide an evaluation of the effect of any new road access or rights of way on wildlife mortality risk and movement patterns; and
describe changes to key habitat for species important to current use of lands and resources for traditional purposes.

13.4 Species at risk

The Impact Statement must:

describe the potential direct, incidental and cumulative adverse effects of the designated project on species at risk listed under Schedule 1 of the Species at Risk Act and, where applicable, its critical habitat (including its extent, availability and presence of biophysical attributes);
describe the potential adverse effects of the project on species protected by provincial statutes and assessed by the COSEWIC as extirpated, endangered, threatened or of special concern (flora and fauna) and their habitat that are not currently listed under the Species at Risk Act;
identify critical timing windows (e.g. denning, rutting, spawning, calving, breeding, roosting), setback distances, or other restrictions related to these species;
identify provincial, territorial or federal permits or authorizations that may be required in relation to the species at risk;
describe all reasonable alternatives to the project that would avoid the potential effect on species and their habitat, with particular attention to critical habitat;
describe all feasible measures that will be taken to avoid or lessen the impact of the project on the species and its critical habitat;
describe the residual effects that are likely to result from the project after avoidance and minimization measures have been applied, including the extent, duration and magnitude of the effects on:
- the number of individuals killed, harmed, harassed; and
- the number of residences damaged or destroyed.
describe the area, biophysical attributes and location of habitat including critical habitat affected (e.g., destroyed, permanently altered, disrupted);
describe all feasible measures that would be taken to eliminate the effect of the work or activity on species and their habitats, including critical habitat; and
provide an account of how the project and mitigation measures are consistent with the recovery strategy, action plan, or management plan for the species.

13.5 Climate Change

The Impact Statement must:

provide a description of each of the project’s main sources of GHG emissions by greenhouse gas type;
provide the estimated annual GHG emissions from each source;
provide an estimate of yearly net GHG emissions and emissions intensity, including an uncertainty assessment;
provide a qualitative description of a project’s positive or negative impacts on carbon sinks;
describe how the project may contribute to Canada’s efforts to reduce GHG emissions, if applicable (e.g. the Impact Statement could explain how the project would result in emission reductions in Canada by avoiding emissions from another source);
describe how the designated project could impact global GHG emissions, including the following scenarios:
- if there is a risk of carbon leakage if the project is not built in Canada, the Impact Statement could include an explanation of the likelihood and magnitude of carbon leakage if the project is not approved; and
- if a project may displace emissions internationally, the Impact Statement could describe how the project is likely to result in global emission reductions. For example, a project that enables the displacement of high-emitting energy abroad with lower emitting energy produced in Canada could be considered as having a positive impact.
provide quantitative estimate of upstream GHG emissions associated with the project based on the project’s maximum throughput (new project) or additional throughput (replacement or expansion project) including information on the methodology, data, assumptions, and approach to estimating those upstream GHG emissions; and
provide a qualitative discussion about the incrementality of the upstream GHG emissions, describing the conditions under which the upstream emissions estimated could be expected to occur regardless of whether the project proceeds.

Additional guidance related to greenhouse gas emissions and climate change is included in the draft Strategic Assessment of Climate Change developed by Environment and Climate Change Canada.

14. Effects to Valued Components – Human Health

Social, economic, health, and biophysical impacts are interconnected. Change in any one of these domains will often lead to changes in the others. Within the context of the predicted changes to the biophysical environment, social and economic conditions resulting from the designated project, the proponent must assess the adverse and positive effects of the project on human health. Interconnections between human health and other VCs and interactions between effects must be described.

The proponent must describe how community and Indigenous knowledge was used to collect baseline data and assess health effects and disaggregate the source of community knowledge by representation by sex, age and other community-relevant identity factors to support identification of disproportionate effects through the application of GBA+. In assessing effects, the analysis should consider circumstances in a community where diverse subgroups, because of their particular circumstances in a community, could experience adverse effects from the designated project more severely than others or be excluded from potential benefits.

The assessment must illustrate an understanding of linkages and effect pathways, so that when a change in one domain is predicted, there is an understanding of what other effects or consequences may be felt across the other domains. Applying a determinants of health approach in the assessment of human health effects will support the identification of these linkages as well as of disproportionate effects across subgroups.

All interconnections between human health and other VCs and interactions between effects must be described.

The Impact Statement must:

provide an assessment of adverse and positive effects on human health or changes to the baseline community health profile based on changes to the environment, health, social and economic conditions, focusing on effects to health outcomes, risks or social determinants of health in consideration of, but not limited to, potential changes in:
- air quality;
- noise exposure and effects of vibration;
- current and future availability (including contamination/quality) of country foods (traditional foods); and
- current and future availability (including contamination/quality) of water for drinking, recreational and cultural uses.
employ best practices in Health Impact Assessment methods;
conduct a problem formulation exercise/preliminary model predictions to determine whether a Human Health Risk Assessment is required. The proponent must provide a rationale/explanation if problem formulation/preliminary model predictions indicate that a Human Health Risk Assessment is not warranted;
if a Human Health Risk Assessment is conducted, the assessment must examine all exposure pathways for contaminants of concern to adequately characterize potential biophysical risks to human health. A multimedia Human Health Risk Assessment may need to be considered and conducted for any contaminant of potential concern with an identified risk and multiple pathways;
provide the rationale if a determination is made that an assessment of the potential for contamination of country foods (traditional foods) (or other exposure pathways, such as inhalation) is not required or if some contaminants are excluded from the assessment;
describe and quantify potential effects to mental and social well-being (e.g. stress, depression, anxiety, sense of safety);
describe and quantify the project-related activities, contaminants of potential concern, nuisances and environmental, social and economic changes that could potentially be sources of adverse human health effects and the potential human receptors of these effects;
describe and quantify specific thresholds and document if different thresholds were considered for vulnerable populations, including by sex and age; provide rationale and justification if specific thresholds not used;
in situations where project related air, water or noise emissions meet local, provincial, territorial or federal guidelines, and yet public concerns were raised regarding human health effects, provide a description of the public concerns and how they were or are to be addressed;
identify predicted effects of the project on the quality and quantity of ground or surface water used for domestic uses;
identify predicted visual or other aesthetic effects of the project on existing land use in the study area;
document potential effects on access to health services, including increased use of health and related health-social services in relevant communities;
food security: describe effects to availability, use and consumption of country foods (traditional foods) and health impacts of this effect;
describe how community and Indigenous knowledge was used in assessing human health effects;
apply GBA+ across all health effects and document how potential effects or changes to human health conditions could be different for diverse subgroups, including Indigenous peoples or other community relevant subgroups (e.g. women, youth, elders); and
describe any positive health effects (e.g. resulting from improved economic opportunities, increased access to services).

Guidance from Health Canada regarding human health impacts is identified in Reference Documents – Part 2.

15. Effects to Valued Components – Social

Within the context of the predicted changes to the biophysical environment, health and economic conditions resulting from the designated project, the proponent must assess the effects of the project on social conditions. Interconnections between social VCs and other VCs and interactions between effects must be described.

VCs that require assessment are listed below, including select considerations and indicators to be included in the analysis. If, after engaging with communities and conducting further analysis, the proponent determines that the information and VCs listed below could be more meaningfully organized and presented in an alternate way, it may do so with an explanation and rationale for these changes.

The proponent must describe how community and Indigenous knowledge was used to collect baseline data and assess social effects, and disaggregate the source of community and Indigenous knowledge by representation by sex, age and other community-relevant identity factors to support identification of disproportionate effects through the application of GBA+. In assessing effects to VCs listed below, the analysis should discuss circumstances in a community where diverse subgroups, because of their particular circumstances, could experience adverse effects from the designated project more severely than others, or be excluded from potential benefits.

As applicable to the assessment, the analysis should describe the goals of local or regional land use plans or local or regional development plans and the extent to which the project is aligned with such plans to avoid or enhance social effects. For the VCs listed below, the effects assessment should explore and discuss opportunities by which benefits to local communities can be enhanced.

15.1 Services and infrastructure

The Impact Statement must:

describe the predicted effects to the local and regional infrastructure facilities and services in the study area, including adverse and positive effects to:
- accommodation/lodging (e.g. affordability, availability, appropriateness), including camping facilities;
- recreation and parks;
- waste disposal;
- road infrastructure and traffic safety;
- police and firefighting;
- educational services, facilities and day care;
- ambulance and health care services; and
- utilities;
describe any need for government and/or proponent expenditures for new or expanded services, facilities or infrastructure, arising out of project-related effects.

15.2 Land and resource use and recreation

The Impact Statement must:

describe the potential interactions of the designated project with local and regional land use and resource activities, including adverse and positive effects to:
- transportation and utilities corridors;
- residential land use;
- forestry and logging operations;
- commercial outfitters;
- agriculture, including predicted effects to livestock health and productivity; and
- other land uses.
describe predicted effects to recreation (e.g. hunting, fishing, hiking, wildlife viewing, aesthetic enjoyment) by the community and Indigenous groups, including effects to:
- access to the resources;
- quantity and quality of the resources; and
- overall experience when undertaking recreational activities, including noise effects.
describe changes to viewscapes as a result of the project; and
identify predicted effects of the project on the quality and quantity of ground or surface water and implications for recreational uses.

15.3 Navigation

The Impact Statement must:

describe navigable waterways that could be impacted by the project;
describe ancillary project components that will be constructed in, on, under, over, through or across navigable waterways to support the project;
describe potentially affected waterway users and describe consultation with waterway users and Indigenous groups regarding navigational use, issues raised and how issues were addressed; and
describe project effects to navigation and navigation safety.

15.4 Community well-being

The Impact Statement must:

assess potential adverse and positive effects of changes to social conditions including, but not limited to:
- food security;
- income inequity;
- changes at the community level that affect social conditions as result of increased population, workers camps, economic activity, cost of living, among other factors;
- non-commercial/trade economy;
describe in- and out-migration effects, including changes in social and cultural make-up of affected communities and changes in populations;
identify whether social divisions might be intensified as a result of a project;
evaluate potential social effects associated with increased disposable income, including potential cost-of-living effects, adverse and positive lifestyle changes, distribution of benefits among affected people;
describe any anticipated effects to language;
describe changes to viewscapes as a result of the project and potential effects to community well-being;
consider the potential for stresses on community, family and household cohesion, alcohol and substance abuse, or illegal or other potentially disruptive activities; and
apply GBA+ within the information related to community well-being and document how potential effects of changes to community well-being could be different for diverse subgroups, including Indigenous peoples or other relevant subgroups (e.g. women, youth, elders).

15.5 Structure, site, things of historical, archaeological, paleontological or architectural significance

The Impact Statement must:

assess potential effects to changes to structures, sites or things of historical, archaeological, paleontological or architectural significance and associated effects on other social and economic conditions.

16. Effects to Valued Components – Economic

Within the context of the predicted changes to the biophysical environment, and health and social conditions, the proponent must assess the effects of the project on the economic VCs. All interconnections between these economic VCs and other VCs and interactions between effects must be described.

The proponent must describe how community and Indigenous knowledge was used to collect baseline data and assess economic effects and disaggregate the source of community and Indigenous knowledge by representation by sex, age and other community-relevant identity factors to support identification of disproportionate through the application of GBA+. In assessing effects to VCs listed below, the analysis should discuss circumstances in a community where diverse subgroups, because of their particular circumstances, could experience adverse effects from the designated project more severely than others, or be excluded from potential benefits.

The assessment of economic effects should take into consideration the temporal scale for construction, operation and beyond, to assess the potential for, and avoidance of, boom-and-bust cycles potentially associated with the project.

The Impact Statement must describe potential positive and adverse effects to the local, regional and provincial economies, including whether and how local benefits can be maximized. It must include:

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 value of local and regional contracts). The proponent should also:
- provide the information in the context of existing employment rates and economic well-being in the community;
- include a discussion of skilled versus non-skilled labour requirements of the project including availability and capacity of local workforce;
- if applicable, describe plans and rationale for hiring short-term workers to address labour and skill shortages;
- describe plans to encourage local employment, procurement and contracting opportunities and discuss the potential ability of local businesses to compete for project-related contracting; and
- describe any training or education programs or scholarships the proponent is supporting to enhance employment opportunities for local residents.
an estimate and description of direct, indirect and induced economic impact of the designated project;
the sources and methodologies used for developing multipliers and estimates;
- where a generic multiplier may not accurately reflect the specific situation of the project being assessed, evidence should be provided of specific economic activity that will result from the project going ahead;
a description of potential effects of changes to economic conditions in affected communities including, but not limited to:
- forestry and logging operations;
- commercial recreational and sport fishing, hunting, trapping;
- commercial outfitters;
- commercial recreation and tourism; and
- agriculture, including predicted effects to livestock health and productivity.
an estimate of potential changes in local employment and potential for worker shortages in certain sectors within the community as a result of the project;
an estimate of direct, indirect, and induced income and/or wages, and the distribution of that income and/or wages, resulting from project expenditures during construction operation, and decommissioning;
predicted effects of the project on the quality and quantity of ground or surface water used for commercial uses;
an estimate of impacts on local, regional, provincial, territorial, federal government or Indigenous group revenues from tax levies, royalties, revenue sharing and other means during construction and operation, including a quantitative assessment of these impacts;
a discussion of how the project would impact gross domestic product at the federal and provincial levels;
an assessment of the net economic benefits to the Canadian economy as a whole, which requires a detailed forecast of annual cash flows for the life of the project, including a sensitivity analysis showing the impact of changes in the discount rate, prices, capital and operating costs, or other significant parameters;
an estimate of potential effects of the project on the traditional economy, including the potential loss of traditional economies and jobs;
an analysis of potential changes to property values; and
an analysis of potential changes to the cost of living as a result of the project.

The Impact Statement must:

apply GBA+ across all effects and document how potential effects of changes to economic conditions could be different for particular subgroups, including Indigenous people or other community relevant subgroups (e.g., women, youth, elders).

17. Effects to Indigenous Peoples

Proponents are encouraged to engage with Indigenous groups, in order to identify and understand the potential impacts of their projects on Indigenous peoples, and to incorporate Indigenous knowledge into the impact assessment. Engagement with Indigenous group is required to inform the impact assessment and identify measures to avoid or minimize potential impacts on Indigenous peoples from the project. This engagement may also identify potential positive outcomes, including measures that could improve the underlying baseline conditions that support the exercise of rights. This engagement should involve ongoing information sharing and collaboration between the proponent and the Indigenous groups to help validate the assessment findings. The results of any engagement should be presented in the Impact Statement, and, as best as possible should reflect the perspective of the Indigenous peoples involved.

Where Indigenous groups do not wish to participate, the proponent is to encouraged to continue sharing information and analysis with the Indigenous groups of the potential effects of the project, and to use available public sources of information to support the assessment.

17.1 Effects on Indigenous peoples

The Impact Statement should provide information on how the Project may affect Indigenous peoples, as informed by the Indigenous group(s) involved. Information on measures proposed to address adverse effects should also be provided, including the perspectives of Indigenous groups on potential mitigation measures. The proponent is encouraged to apply Agency guidance on engaging with Indigenous groups and appropriate methodologies for assessing effects and impacts on Indigenous peoples and their rights.
The potential effects, to consider assessing include both adverse and positive effects to the current use of land and resources for traditional purposes, physical and cultural heritage, and environmental, health, social and economic conditions of Indigenous peoples affected by the designated project, including interferences of the project with the following:

quality and quality of resources available for harvesting (e.g. species of cultural importance, traditional and medicinal plants;
access to culturally important harvesting areas or resources of importance;
experiences of being on the land (e.g. changes in air quality, noise exposure, effects of vibrations from blasting or other activities);
current and future availability and quality of country foods (traditional foods);
the use of travel ways, navigable waterways and water bodies;
commercial and non-commercial fishing, hunting, trapping and gathering and cultural or ceremonial activities and practices;
commercial, non-commercial and trade economies; and,
cultural heritage, and structures, sites or things of historical, archaeological, paleontological or architectural significance to groups, including, but not limited to:
- the loss or destruction of physical and cultural heritage;
- changes to access to physical and cultural heritage;
- changes to the cultural value, spirituality, or importance associated with physical and cultural heritage;
- changes to sacred, ceremonial or culturally important places, objects, or things, including languages, stories and traditions; and
- changes to visual aesthetics over the life of the project and post-project abandonment or decommissioning.

As a best practice, proponents are encouraged to also include the following:

a description of plans to encourage employment, procurement and contracting opportunities for Indigenous peoples and communities, including training plans;
an estimate of the anticipated levels of Indigenous economic participation in the project in comparison to the total project requirements (e.g. number of workers);
a description of any plans for cultural sensitivity training for non-Indigenous employees to promote a safe work environment that supports the well-being of Indigenous employees;
a description of any plans for cultural competence training for non-Indigenous employees to ensure a respectful professional relationship with Indigenous businesses; and,
a description of how Indigenous knowledge was used in assessing environmental, health, social and economic effects to Indigenous peoples, groups and communities.

17.2 Impacts on rights of Indigenous peoples

The Impact Statement should describe the level of engagement with Indigenous groups regarding potential impacts of the project on the exercise of rights, and where possible, the project's potential interference with the exercise of rights. Where an Indigenous group has not provided this information to the proponent, or both parties agree that it is better to provide information related to the impact on the exercise of rights directly to the Government of Canada, the proponent should describe a rationale for the approach taken. Proponents are encouraged to discuss with Indigenous groups their views on how best to reflect the assessment of impacts on rights in their Impact Statement. This may include supporting Indigenous-led studies that are to be provided publicly and to the Government of Canada.

For more information on identifying and assessing impacts on the exercise of rights, please see: Guidance on Assessing Potential Impacts on the Rights of Indigenous Peoples under the Impact Assessment Act.

The proponent and Indigenous groups may consider:

how the project may contribute cumulatively to any existing impacts on the exercise of rights, as identified by the Indigenous group(s);
the interference of the project on the quality and quantity of resources available for the exercise of rights;
the interference of the project on the access to areas important to the exercise of rights;
the interference of the project on the experience associated with the exercise of rights;
the interference of the project on Indigenous traditions, laws and governance; and
the severity of the impacts on the exercise of rights, as identified by the Indigenous group(s),

Proponents are encouraged to work together with Indigenous groups to find mutually agreeable solutions to concerns raised about a designated project, especially for those concerns raised by Indigenous peoples about impacts on the exercise of their rights. The impact statement should detail:

any measures identified in an attempt to avoid, minimize, offset or otherwise address potential adverse impacts of the project on the rights of Indigenous peoples.
Where measures are proposed by Indigenous groups, the proponent should respond with its intent to implement them, as appropriate; and
With respect to mitigation measures proposed by the proponent, the Impact Statement should include perspectives of the potentially impacted Indigenous groups, on the effectiveness of particular mitigation measures on such impacts.

Where no mitigation measures are proposed or mitigation is not possible, the Impact Statement should identify potential level of severity of the adverse impacts on the rights of Indigenous peoples, as identified by the Indigenous group(s).

Mitigation measure are further discussed in section 18, "Mitigation and Enhancement Measures".

18. Mitigation and Enhancement Measures

Mitigation and enhancement measures that are proposed are discussed during the review of the Impact Statement and may be modified as a result of the review. Mitigation and enhancement measures may be considered for inclusion as conditions in the IA decision statement. If there is an ongoing or completed regional assessment in the proposed project area, the proponent should use the information generated through that process to inform possible mitigation and enhancement measures.

As a first step, the proponent is encouraged to use an approach based on the avoidance and reduction of the adverse effects at the source. The proponent is also encouraged to work with the community to align project goals with an aim to enhance positive project effects. Such an approach may include the modification of the design of the project or relocation of project components.

The Impact Statement must:

describe the standard mitigation practices, policies and commitments that constitute proven technically and economically feasible mitigation measures and that are to be applied as part of standard practice regardless of location as well as any new or innovative mitigation measures being proposed;
describe the designated project’s environmental protection plan and its environmental management system through which the proponent will deliver this plan. The plan must provide an overall perspective on how potentially adverse effects would be minimized and managed over time;
discuss the mechanisms the proponent would use to require its contractors and sub-contractors to comply with these commitments and policies and with auditing and enforcement programs;
describe mitigation measures that are specific to each environmental, health, social or economic effect identified. Mitigation measures are to be written as specific commitments that clearly describe how the proponent intends to implement them and the outcome these mitigation measure are designed to address;
identify and describe mitigation measures, including alternative means of carrying out the project that would avoid or lessen potential adverse effects to terrestrial and aquatic species and/or critical habitat listed under Schedule 1 of the Species at Risk Act. These measures:
- are to be consistent with any applicable recovery strategy, action plan or management plan and will also identify and describe mitigation measures to avoid or lessen adverse effects to COSEWIC-assessed species; and
- must be described in terms of the effectiveness of each measure to avoid the adverse effect and include a comprehensive science-based rationale for proposing the selected mitigation measures.
identify measures to prevent and mitigate the risk of engaging in harmful, destructive or disruptive activities in key sensitive periods and locations (e.g. spawning, migration and nesting) to fish or migratory birds, their nests and eggs, in water or areas frequented by fish and/or migratory birds;
identify measures to avoid the deposit of substances harmful to fish or migratory birds in water or areas frequented by fish and/or migratory birds;
provide best technically and economically feasible mitigation approaches to habitat mitigation that follow the hierarchy:
- avoid potential impact;
- minimize potential impact;
- provide biodiversity offsets to address any residual adverse environmental effects that cannot be avoided or sufficiently minimized; and
- provide justification for moving from one mitigation alternative to the next.
provide offsetting or compensation plans to address all residual effects to species at risk, and their critical habitat, migratory birds, fish and fish habitat and/or wetland functions (if applicable) for review during the IA process; the plans should:
- describe the baseline condition of the species at risk, critical habitat, migratory birds and wetland functions potentially impacted by the designated project;
- apply the mitigation hierarchy;
- identify and describe residual effects;
- identify a compensation ratio with rationale, including how any policies or guidance provided by FAs, provincial authorities and Indigenous groups have been considered;
- identify the location and timing of implementation of compensation projects (where feasible);
- identify and describe the success criteria;
- identify and detail non-habitat measures;
- describe how the proposed measures align with published provincial and federal recovery, management, or action plans and strategies for species at risk; and
- identify the parties responsible for implementation, including monitoring and review.
specify the actions, works, minimal disturbance footprint techniques, best available technology, best environmental practices, corrective measures or additions planned during the project’s various phases to eliminate or reduce adverse effects;
describe measures included in the design of the project to mitigate its GHG emissions. These could include design decisions such as the use of low-emitting technologies, the use of low-carbon or renewable fuel, electrification or carbon capture and storage;
describe practices that will be taken to mitigate the project’s GHG emissions, such as anti-idling practices for mobile equipment, leak detection and repair systems, continuous monitoring systems, or fleet optimization;
describe information on any offset credits that have been or will be obtained, including the offset regime that issued the credits, project type, project start date and vintage year;
provide an assessment of the likely effectiveness of the proposed technically and economically feasible mitigation measures. The reasons for determining if the mitigation measure reduces the extent to which the effects are adverse must be made explicit;
identify other technically and economically feasible mitigation measures that were considered but are not proposed for implementation, and explain why they were rejected. Justify any trade-offs between cost savings and effectiveness of the various forms of mitigation measures;
assess any potentially adverse environmental effects associated with the mitigation method itself;
identify and describe the use and application of best available technology and best environmental practice in identifying, assessing and implementing mitigation measures;
identify the party responsible for the implementation of mitigation measures and the system of accountability;
where appropriate, provide details regarding financial liability and compensation in place as required by regulation or company commitment in relation to decommissioning or abandonment;
propose differentiated mitigation measures, if applicable, so that adverse effects do not fall disproportionately on vulnerable populations, and they are not disadvantaged in sharing any development benefits and opportunities resulting from the project. These mitigation measures should be developed in collaboration with those who are vulnerable and/or disadvantaged;
document specific suggestions raised by each Indigenous group for avoiding, mitigating or otherwise accommodating the project’s environmental, health, social and economic effects, including potential effects and impacts on Indigenous peoples and rights of Indigenous peoples and:
- for those mitigation measures intended to address effects of changes to the environmental, health, social and economic conditions of Indigenous peoples or impacts on rights of Indigenous peoples, provide a description of the consultation with Indigenous groups regarding the residual effects; and
- describe whether and how these measures will be incorporated in the project design.
identify opportunities for enhancing positive effects, such as creation of local employment and infrastructure improvements;
describe supplier development initiatives, including identification of potential local suppliers, providing them with information about technical, commercial and other requirements, and debriefing unsuccessful bidders.
describe any procurement policies (e.g. bid packaging) that facilitate the opportunities for local companies.
describe education, training, hiring practices that encourage employment of local people;
describe technology transfer and research and development programs that will facilitate the use of local suppliers of goods and services, local employees, develop new capabilities related to project requirements; and
describe how disproportionate effects that were identified in the GBA+ results were used to inform mitigation and enhancement measures.

Where mitigation measures for which there is little experience or for which there is some question as to their effectiveness are proposed to be implemented, the potential risks and effects should those measures not be effective must be clearly and concisely described. In addition, the Impact Statement must identify the extent to which technological innovations may help mitigate effects. Where possible, it will provide detailed information on the nature of these measures, their implementation, management and the requirements of the follow-up program.

19. Residual Effects

The Impact Statement must:

characterize the residual effects using criteria most appropriate for the effect;
where applicable, consideration should be given to the following criteria for residual effects:
- magnitude;
- geographic extent;
- timing;
- duration;
- frequency;
- reversibility; and
- the ecological, health, social and economic context within which potential effects may occur should be taken into account when considering the criteria above.
provide the rationale for the choice of criteria used to determine the extent to which the predicted effects are adverse. The information provided must be clear and sufficient to enable the Agency, review panel, technical and regulatory agencies, Indigenous groups, and the public to review the proponent's analysis of effects;
consider the views of the Indigenous groups and the public in assigning the criteria to be used and in characterizing the effects; and
set out the probability or likelihood of that effect occurring and describe the degree of scientific uncertainty related to the data and methods used within the framework of this analysis.

20. Cumulative Effects Assessment

The Impact Statement must:

identify and provide a rationale for the VCs that will constitute the focus of the cumulative effects assessment. The selected VCs are those most likely to be affected by the project in combination with other projects and activities;
include a rationale to justify the exclusion of other VCs from the cumulative effects assessment, as applicable;
identify and justify the spatial and temporal boundaries for the cumulative effect assessment for each VC selected. The boundaries for the cumulative effects assessments may differ for each VC considered and must not be constrained by jurisdictional boundaries:
- the cumulative effects spatial boundaries will generally be larger than the boundaries for the project effects alone, and may extend beyond Canada’s jurisdiction; and
- temporal boundaries must include an appropriate baseline and should look at all potential effects throughout the lifecycle of the project, including decommissioning and abandonment.
identify the sources of potential cumulative effects. Specify other projects or activities that have been or that are likely to be carried out that could cause effects to each selected VC within the boundaries defined, including potential induced effects, and whose effects would act in combination with the residual effects of the project. This assessment must consider the results of any relevant regional study conducted;
assess the cumulative effects to each VC selected by comparing the future scenarios with the project and without the project. Effects of past activities (activities that have been carried out) are to be used to contextualize the current state of the VC. This assessment must also assess the cumulative effects to rights of Indigenous peoples and cultures;
describe the mitigation measures that are technically and economically feasible to eliminate or reduce adverse cumulative environmental, health, social and economic effects. The Impact Statement must:
- describe and provide an assessment of the effectiveness of the measures applied to mitigate the cumulative effects; and
- in cases where measures to mitigate these effects are beyond the control of the proponent, the Impact Statement must identify any parties that have the authority to act on these measures. In such cases, the Impact Statement must summarize any commitments by the other parties regarding implementation of the necessary measures and any associated communication plans;
describe and where appropriate, quantify the level and severity of the adverse cumulative effects; and
develop a follow-up program to verify the accuracy of the assessment or the effectiveness of mitigation measures for cumulative effects.

21. Other Effects to Consider

21.1 Effects of potential accidents or malfunctions

The failure of certain works caused by human error or exceptional natural events (e.g. flooding, earthquake, forest fire) could cause major effects. The proponent must therefore conduct an analysis of the risks of accidents and malfunctions, determine their potential effects, and present preliminary emergency response measures.

The Impact Statement must:

identify, taking into account the lifespan of different project components and contributing factors such as weather or external events, potential accidents and malfunctions related to the project, and the potential for vandalism or sabotage, including an explanation of how those potential events were identified, potential consequences (including the environmental, health, social and economic effects), the plausible worst case scenarios and the effects of these scenarios;
identify and justify the spatial and temporal boundaries for the effect assessment associated with accidents and malfunctions. The spatial boundaries identified for effects from potential accidents and malfunctions will generally be larger than the boundaries for the project effects alone, and may extend beyond Canada’s jurisdiction;
describe the magnitude and duration of project-related accident and/or malfunction, based on operational level and shut down level events, including a description of the quantity, mechanism, rate, form and characteristics of the contaminants, greenhouse gases and other materials likely to be released into the environment during these scenarios and any potentially adverse environmental, health, social or economic effect;
describe the safeguards that have been established to protect against such occurrences and the contingency and emergency response procedures that would be put in place if such events do occur;
assess the potential for minor and major accidental release of fuel, or loss of dangerous goods;
where appropriate, provide an analysis of the potential environmental, health, social and economic effects of these discharges on aquatic and terrestrial environments and on human health within spatial boundaries described for the study area;
describe existing emergency preparedness and response systems and existing arrangements and/or coordination with the responsible response organizations in the spatial boundaries associated with the project, including exercise and training plans for emergency response;
identify any local drinking water treatment plants or facilities that may treat water sources impacted by the project and the capacity of the drinking water treatment plant or facilities to treat water sources impacted by an accidental release from the designated project during all project phases;
describe the role of the proponent in the case of spill, collision, grounding or other accidents or malfunctions associated with the project;
describe mutual aid agreements in place in the event that the incident exceeds company resources and how these resources would be accessed;
describe volunteer management plans;
describe or provide for a waste management plan as it pertains to waste generated during an emergency response;
where appropriate, provide details regarding financial liability and compensation in place as required by regulation or company commitment;
describe communication and public notification plans, and public reporting;
describe any mitigation measures that may prevent potential accidents or malfunctions; and
describe possible mitigation measures to deal with adverse environmental, health, social and economic effects resulting from accidents or malfunctions.

21.2 Effects of the environment on the project

The Impact Statement must consider and describe how environmental conditions, including natural hazards such as severe and/or extreme weather conditions and external events (e.g. earthquakes, flooding, drought, ice jams, iceberg impacts, permafrost conditions, landslides/submarine landslides, tsunamis, volcanoes, avalanches, erosion, subsidence, fire, and outflow conditions), could adversely affect the designated project and how this in turn could result in effects to the environment, health, social and economic conditions. These events are to be considered in different probability patterns (e.g. 5-year flood vs. 100-year flood). The focus should be on credible external events that have a reasonable probability of occurrence and for which the resulting environmental effects could be major without careful management. The Impact Statement should also consider how effects of the environment on the project could have positive effects to the environment, health, social and economic conditions.

The Impact Statement must:

provide details of planning, design and construction strategies intended to minimize the potential adverse effects of the environment on the project;
identify any areas of potential wind or water erosion;
describe any mitigation measures that can be implemented in anticipation or in preparation for effects of the environment on the project;
describe possible mitigation measures to deal with adverse environmental, health, social and economic effects resulting from effects of the environment on the project;
describe climate resilience of the project and how climate change impacts have been incorporated into the project design and planning over the lifetime of the project and describe the climate data and projections used; and
describe measures to enhance positive environmental, health, social and economic effects resulting from effects of the environment on the project.

22. Canada's Ability to Meet Its Environmental Obligations and Its Climate Change Commitments

The Government of Canada, through the IAA, recognizes that IA contributes to Canada’s understanding and ability to meet, first, its environmental obligations, and second, its commitments in respect of climate change.

In accordance with paragraph 22(1)(i) of the IAA, the Impact Statement should describe the effects of the project in the context of environmental obligations and commitments in respect of climate change, with a focus on Government of Canada obligations and commitments relevant to decision-making. The Agency will identify applicable environmental obligations or commitments in respect of climate change that will require consideration in the Impact Statement.

The type and extent of analysis could range from provision of a robust rationale to detailed analysis depending on the specifics of predicted effects and the environmental obligation or commitment in respect of climate change under consideration.

The Impact Statement should consider the need for mitigation and follow-up measures related to Canada’s environmental obligations and its commitment in respect of climate change. Measures proposed to mitigate the adverse effects of a designated project may reduce a project’s hindrance of an environmental obligation or climate change commitment. The implementation of mitigation or complementary measures may also result in a designated project contributing to the Government of Canada’s ability to meet its environmental obligations or its commitments in respect of climate change.

The Impact Statement may also present the proponent’s views on the extent to which project effects would hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change, taking into consideration proposed mitigation measures.

The proponent should refer to Agency guidance on this topic.

23. Description of the Project's Contributions to Sustainability

Sustainability, as defined in the IAA, “...means the ability to protect the environment, contribute to the social and economic well-being of the people of Canada and preserve their health in a manner that benefits present and future generations”.

As part of the planning phase, the public, Indigenous groups and stakeholders will be engaged to identify key issues of importance to them. This engagement will help identify the elements that will frame the assessment of the project’s contribution to sustainability. When assessing a project’s contribution to sustainability, practitioners should consider those VCs that participants characterize as important. Sustainability is contextual and project dependent; as such, it may be defined differently by communities, or even groups within communities. Furthermore, practitioners should also consider VCs:

that could experience long-term effects;
that may interact with other VCs;
that may interact with potential effects of the designated project; or
that may interact with project activities.

The Impact Statement must characterize a project’s contribution to sustainability. The Impact Statement should describe the context of a particular project, including the issues of importance to participants, the diversity of views expressed and the selection of VCs.

Once the analysis on potential effects of a project is conducted, the sustainability principles should be applied:

Consider the interconnectedness and interdependence of human and ecological systems;
Consider the well-being of present and future generations;
Maximize overall positive benefits and minimize adverse effects of the designated project; and
Apply the precautionary principle by considering uncertainty and risk of irreversible harm.

The Impact Statement must describe how sustainability principles were applied (outlined above) and identify conclusions drawn from this analysis. This summary should be qualitative in nature, but may draw on quantitative data as necessary.

In addition, the Impact Statement must:

indicate how the planning and design of the project, in all phases, considers the sustainability principles;
describe the process in selecting the preferred alternative means and alternatives to the project and how the sustainability principles were considered;
indicate how monitoring, management and reporting systems consider the sustainability principles and attempt to ensure continuous progress towards sustainability;
describe the ecological, health, social and economic benefits of the project to local communities within the study area, potentially affected Indigenous groups, regional, provincial, territorial and/or federal governments; and
describe engagement with potentially affected Indigenous groups and describe measures and commitments to ensuring the sustainability of Indigenous livelihood, traditional use, culture and well-being.

The proponent should refer to Agency guidance on this topic.

24. Follow-up Programs

A follow-up program verifies the accuracy of the effects assessment and evaluates the effectiveness of mitigation measures. This information may be used to determine whether additional actions are necessary (adaptive management) to address unanticipated outcomes. Adaptive management is not considered as a mitigation measure; it is a best management practice in environmental management. If the follow-up program indicates that corrective action is required, the proposed approach for managing the action must be identified and implemented. The follow-up program will explain the uncertainty of the effects outcomes and whether it is related to the IA predictions or the effectiveness of mitigation measures.

Follow-up programs are an opportunity to continue engaging with impacted Indigenous groups, and if undertaken collaboratively, can support solutions-oriented approaches to adaptive management through the early identification of issues in follow-up programs and appropriate solutions with Indigenous knowledge. If there is an ongoing or completed regional assessment in the proposed project area, the proponent should use the information generated through that process to inform considerations for a follow up program.

Considerations for developing a follow-up program for environmental, health, social or economic effects, as applicable, include:

VCs identified during the IA for which residual adverse effects are predicted or uncertain;
the nature of concerns raised by the public and Indigenous groups about the project;
suggestions from Indigenous groups and local communities regarding the design of, and involvement in, follow-up and monitoring programs;
incorporation of community and Indigenous knowledge, where available;
the accuracy of predictions;
an evaluation of the effectiveness of mitigation measures;
the efficacy of new or unproven techniques and technology;
disproportionate effects highlighted by GBA+;
the nature of cumulative effects;
the nature, scale and complexity of the program;
the degree of uncertainty about the effectiveness of proposed mitigation measures;
any technically and economically feasible measures to manage effects if the applied mitigation measures do not work as intended;
whether there was limited scientific knowledge about the effects in the IA;
which parties will participate in the conduct of the follow-up program and reviewing its results;
the duration of the follow-up program activities, which may vary depending on the VCs assessed;
any existing follow-up or monitoring programs relevant to the designated project;
how the results of the follow-up program will be shared with interested parties; and
triggers for adaptive management of any unacceptable or unexpected results.

Monitoring is a key component of effective follow-up programs. Monitoring can identify the potential for environmental, health, social or economic degradation during all phases of project development. Monitoring, as well, can assist in developing clearly defined action plans and emergency response procedures to account for environmental, health, social economic protection and human safety.

24.1 Follow-up program framework

The duration of the follow-up program shall be as long as required to verify the accuracy of the environmental, health, social and economic impacts predicted during the IA and to evaluate the effectiveness of the mitigation measures.

The Impact Statement must present a follow-up program that includes:

objectives of the follow-up program and the VCs targeted by the program;
list of elements requiring follow-up;
number of follow-up studies planned, as well as their main characteristics (list of parameters to be measured, planned implementation timetable, etc.);
intervention mechanism used in the event that an unexpected deterioration of the environment or impacts on rights of Indigenous peoples and cultures is observed or experienced;
mechanism to disseminate follow-up results among the concerned interested parties;
accessibility and sharing of data for the general population;
opportunity for the proponent to include the participation of Indigenous groups and stakeholders on the affected territory during the development and implementation of the program; and
involvement of local and regional Indigenous organizations in the follow-up program design and implementation, evaluation of the follow-up results, as well as any updates, including a communication mechanism between these organizations and the proponent.

24.2 Follow-up program monitoring

The Impact Statement must describe the environmental, health, social and economic monitoring to be established, as part of the follow-up program.

Specifically, the Impact Statement must present an outline of the preliminary environmental, health, social and economic monitoring program, including, but not limited to the:

identification of the monitoring activities that pose risks to the environmental, health, social and economic conditions and/or VCs and the measures and means planned to protect these conditions;
identification of regulatory instruments that include a monitoring requirement for the VCs;
identification of those positions accountable and responsible for monitoring and ensuring compliance;
description of the methodology for tracking environmental, health, social and economic issues;
description of the methodology and mechanism for monitoring the effectiveness of mitigation and reclamation;
description of the characteristics of monitoring where foreseeable (e.g. location of interventions, planned protocols, list of measured parameters, analytical methods employed, schedule, human and financial resources required);
description of the proponent’s intervention mechanisms in the event of the observation of non-compliance with the legal and environmental requirements or with the obligations imposed on contractors by the provisions of their contracts;
guidelines for preparing monitoring reports (number, content, frequency, format, duration, geographic extent) that will be sent to the authorities involved;
plans, including funding options, to involve Indigenous groups and local communities in monitoring, where appropriate;
description of the proponent’s intervention mechanisms in the event of the observation of non-compliance with the legal and environmental requirements or with the obligations imposed on contractors by the provisions of their contracts; and
quality assurance and quality control measures to be applied to monitoring programs.

25. Assessment Summary

The proponent must prepare a stand-alone plain language summary of the Impact Statement in both of Canada’s official languages (French and English). The summary must contain sufficient details for the reader to understand the project, any potential environmental, health, social and economic effects, potential adverse impacts on Indigenous peoples, proposed mitigation measures, residual effects and any required follow-up programs.

The Assessment Summary provides an opportunity for the proponent to demonstrate correspondence between issues raised during the planning phase and issues addressed in the assessment. This Assessment Summary should be presented by VC, which allows the proponent to demonstrate the completeness of the assessment and provide the results of the analysis. The summary must include key maps or figures illustrating the project location and key project components.

Reference Documents – Part 2

Human Health

Evaluating Human Health Impacts in Environmental Assessments: Air Quality available at http://www.canada.ca/en/health-canada/services/publications/healthy-living/guidance-evaluating-human-health-impacts-air-quality.html. Health Canada. 2017.

Evaluating Human Health Impacts in Environmental Assessments: Country Foods available at http://www.canada.ca/en/health-canada/services/publications/healthy-living/guidance-evaluating-human-health-impacts-country-foods.html. Health Canada. 2017.

Evaluating Human Health Impacts in Environmental Assessments: Noise available at http://www.canada.ca/en/health-canada/services/publications/healthy-living/guidance-evaluating-human-health-impacts-noise.html. Health Canada. 2017.

Evaluating Human Health Impacts in Environmental Assessments: Radiological Impacts available at http://www.canada.ca/en/health-canada/services/publications/healthy-living/guidance-evaluating-human-health-impacts-radiological.html. Health Canada. 2017.

Evaluating Human Health Impacts in Environmental Assessments: Water Quality available at http://www.canada.ca/en/health-canada/services/publications/healthy-living/guidance-evaluating-human-health-impacts-water-quality.html. Health Canada. 2017.

Health Canada’s Risk Assessment Guidance Parts I through VII available at https://www.canada.ca/en/health-canada/services/environmental-workplace-health/contaminated-sites/guidance-documents.html. Health Canada. 2017.

Social Determinants of Health and Health Inequalities available at https://www.canada.ca/en/public-health/services/health-promotion/population-health/what-determines-health.html. Public Health Agency of Canada. 2019.

Water Quality

Canadian Environmental Quality Guidelines for the Protection of Aquatic Life available at http://ceqg-rcqe.ccme.ca/download/en/221. Canadian Council of Ministers of the Environment.

Guidelines for the Assessment of Alternatives for Mine Waste Disposal available at https://www.canada.ca/en/environment-climate-change/services/managing-pollution/publications/guidelines-alternatives-mine-waste-disposal.html. Compiled by Environment and Climate Change Canada

Mine Environment Neutral Drainage (MEND) Report 1.20.1 Prediction Manual for Drainage Chemistry from Sulphidic Geologic Materials. Prepared by William A. Price. Natural Resources Canada. 2009.

Birds, Migratory Birds and their Habitat

A Framework for the Scientific Assessment of Potential Project Impact on Birds. Prepared by Alan Hanson et al. Available at http://www.publications.gc.ca/collections/collection_2010/ec/CW69-5-508-eng.pdf. Environment and Climate Change Canada. Technical Report Series Number 508

Bird Survey Inventories in Canada. Available at http://www.ec.gc.ca/reom-mbs/default.asp?lang=En&n=B944A67D-1. Compiled by Environment and Climate Change Canada

Breeding Bird Atlases. Available at https://www.birdscanada.org/volunteer/atlas. Compiled by Bird Studies Canada.

Migratory Birds Environmental Assessment Guideline. Prepared by Robert Milko. Available at http://publications.gc.ca/site/eng/78842/publication.html. Environment and Climate Change Canada.

Wetlands

Canadian Wetland Classification System.Developed by the National Wetlands Working Group. Available at http://www.wetlandpolicy.ca

Wetland Ecological Functions Assessment: An Overview of Approaches. Prepared by Alan Hanson et al. Available at http://publications.gc.ca/site/eng/343283/publication.html. Environment and Climate Change Canada. 2008.

Species at Risk

COSEWIC Status Reports. Developed by the Committee on the Status of Endangered Wildlife in Canada. Available at: https://www.canada.ca/en/environment-climate-change/services/committee-status-endangered-wildlife.html

Part 3 – Content – Tailored Impact Statement Guidelines – Requirements Specific to the Canadian Energy Regulator Act

1. Integration of Canadian Energy Regulator Requirements

The TISG Template, outlined in Part 2, sets out requirements for both the IAA and CER Act, with respect to impact assessment.

The TIS Guidelines, however, will require the consolidation of both IAA information requirements and the information requirements to comply with the CER Act. Part 3 sets out these additional CER Act requirements that are not directly linked to impact assessment. For designated CER regulated projects, proponents should also refer to relevant CER draft guidance as well as guidance provided in the NEB Filing Manual which continues to be relevant (See Reference documents –Part 3).

The procedure or process for the development of TIS Guidelines that integrate the requirements of both Acts will be coordinated, to the extent possible, between the Agency and CER. The requirements that follow in Part 3, will not be tailored in the same manner as the requirements set out in Part 2. The following requirements are taken from NEB’s Filing Manual (2017).

2. Common Information Requirements

While each application is unique, the CER expects to see the following common elements:

a description of the action being sought by the applicant;
a description of the purpose of the application;
how the applicant’s management system and related set of programs informs the application and project design;
details regarding consultation activities and outcomes; and
details regarding notification made to commercial third parties.

Note that any terms used in the application that are not considered to be broadly accepted or understood by industry should be defined.

The following sections describe these common information requirements.

2.1 Action Sought by Applicant

Goal

The application states the request being made and what action is being requested of the CER.

Filing Requirements

Section 15 of the Rules requires the following information in an application:

15. (1) Every application shall:

contain a concise statement of the relevant facts, the provisions of the Act or any regulations made under the Act under which the application is made and the nature of, and justification for, the decision or order sought;
contain, in addition to the information that is required by the Act and any regulations made under the Act, any other information that explains or supports the application, including information referred to in published policies and guidelines of the CER; and
set out the name, address, telephone number and any other telecommunications numbers of the applicant and the applicant's authorized representative, if any.

(2) Every application shall be divided into consecutively numbered paragraphs, each of which shall be confined as nearly as is practicable to a distinct portion of the subject-matter of the application.

Guidance

Applicants must, in addition to looking at the Filing Manual, have regard to the CER Act and regulations relevant to the filing for direction on what needs to be included.

2.2 Management Systems and Programs Under the OPR

Goal

To demonstrate how an applicant’s management system required under the OPR will support and achieve adequate safety and environmental protection in the context of the current project application.

Filing Requirement

An applicant must provide:

an overview of its management system, including a description of:
- how programs required under the OPR are coordinated within the management system to promote safety and environmental protection; and
- the process for any necessary modifications to the management system.

Guidance

The NEB conducts ongoing reviews of company management systems and compliance with the requirements of the OPR through its auditing oversight. However, in addition to this, it is important for public transparency and clarity that applicants explain how safety and environmental protection are integrated, coordinated and controlled within their management systems and will be ensured for any proposed new facility.

A carefully-designed and well-implemented management system supports a strong culture of safety and is fundamental to keeping people safe and protecting the environment. Sections 6.1 to 6.6 of the OPR detail the required elements of a company’s management system. It must be a systematic approach designed to effectively manage and reduce risk through necessary organizational structures, resources, accountabilities, policies, processes and procedures, and must include measures to evaluate effectiveness and promote continual improvement.

A company’s management system must also coordinate the following five programs:

Emergency Management Program to ensure appropriate emergency preparedness and response (OPR section 32).
Integrity Management Program to ensure the pipeline system continually operates within its design parameters (OPR section 40).
Safety Management Program to protect workers and the public from occupational and process hazards (OPR section 47).
Security Management Program to protect people, property and the environment from malicious damage (OPR section 47.1).
Environmental Protection Program to avoid or reduce adverse effects on the environment (OPR section 48).

Section 6.5 of the OPR lists a number of processes and requirements that must be part of a company’s management system and each of the above five programs.

Section 6.2 requires the appointment of an Accountable Officer and that their name and acceptance of responsibilities be filed with the Board. For further information on the OPR and related supporting documentation, please refer to the NEB’s website.

A company’s management systems applies to the entire lifecycle of a project, from planning and design, through construction and operation, to abandonment. It is therefore relevant at all stages of a project, including the application stage. The Board expects an applicant to have applied relevant components of its management system and programs to the planning and design of the designated project and related application documents, and to have reviewed those components for necessary modification in the event the designated project goes ahead.

An application that is lacking (such as containing an incomplete discussion of hazards, risks and controls) might indicate that the applicant’s management system and program components are inadequate. The Board expects companies to prevent such deficiencies, correct any that are identified, avoid similar deficiencies in future applications, and to apply lessons learned as broadly as possible.

3. Measurement, Conversion Factors and Commodity Description

Where possible, the CER would prefer that information within applications be presented in the International System of Units (SI), although it is helpful to include the imperial equivalent as well.

The following conversion factors should be used:

millimetre (mm) = 0.0394 inches
metre (m) = 3.28 feet
kilometre (km) = 0.62 miles
cubic metre (m³) = 35.3 cf
cubic metre = 6.29 bbl
kilopascal (kPa) = 0.145 psi

If other conversion rates are used, indicate this fact and provide the rates used.

Gas

For gas volumes, market requirements, estimates of reserves, and productive capacity estimates will be at a temperature of 15ºC and an absolute pressure of 101.325 kPa. Gas composition should be expressed in mole percent, and the heating value of the gas should be expressed in megajoules per cubic metre (MJ/m³). Volumes are requested to be in metric units as cubic metres (m³) and production rates as cubic metres per day (m³/d). The imperial equivalent would be cubic feet (cf) and cubic feet per day (cf/d) respectively.

Liquids

Descriptions of crude oil and equivalents will include, at a minimum:

classification of the crude oil;
specific gravity;
sulphur content upon which the classification is based; and
other properties when they are important to the design of the facilities or third party interests, for example:
viscosity or water content could be important to the design of the facilities; or
impurities could be of concern to third parties if more than one product is transported on the same pipeline.

Natural gas liquids (NGL) composition should be expressed as a percent and vapour pressure will be at a specified temperature.

Descriptions of refined hydrocarbons must include the type of product and any properties that might be important to the design of the facilities or third party interests.

All other liquid commodities must be described in sufficient detail for the CER to understand the nature of the commodity and how it might affect the design of the proposed facilities or third party interests.

All liquids volumes, with the exception of NGL and cryogenic liquids, will be submitted as the volume such product would occupy at a temperature of 15ºC and an absolute pressure of 101.325 kPa, unless otherwise stated in the application. For NGL and cryogenic liquids, the temperature and pressure at which the submitted volumes are measured will be provided.

Liquid volumes are requested to be expressed as m³3 and production rates as m³/d. The imperial equivalent would be in barrels (bbl) and barrels per day (bbl/d), respectively.

4. Facilities Applications

For a designated project that involves constructing or modifying facilities that require an application under the CER Act, the CER must satisfy itself, or make recommendations to the Governor in Council, that the facilities are and will be required for the present and future public convenience and necessity. The CER may consider information relating to:

engineering;
environment and socio-economics;
economics and financial matters;
lands; and
any public interest that may be affected by the granting or refusing of the application.

The CER Act requirements with respect to the environment and socio-economics are provided for in Part 2.

4.1 Engineering

4.1.1 Engineering Design Details

Goal

The application includes all necessary design details of the designated project to give the NEB an understanding of the nature of the designated project.

Filing Requirements

Describe the fluid type and chemical composition.
If the designated project involves line pipe, provide:
- pipe outside diameters;
- pipe material types, categories, and grades;
- pipe wall thicknesses;
- maximum operating pressures (MOP);
- estimate of pipe length by province for each change in diameter, material grade and wall thickness;
- valve spacing and a map showing valve locations;
- minimum depth(s) of cover and typical drawings (e.g., crossings);
- class locations;
- description of proposed pipe coatings; and
- general description of the corrosion control elements and facilities.
If the proposed project involves pigging facilities, provide:

pipe outside diameters;
pipe material types and grades;
pipe wall thicknesses;
MOP;
pig trap locations;
pig trap pressure ratings;
a description of the pig trap closure device; and
a general description of the corrosion control elements and facilities.

If the proposed project involves compressor or pump facilities, provide:

pipe outside diameters;
pipe material types and grades;
pipe wall thicknesses;
MOP and inlet and outlet design pressures;
an indication of the presence of surge control systems;
type and power of pumps or compressor units;
fuel type and source for pumps or compressor units;
a station schematic showing buildings and all major piping and valves including connections to existing pipeline systems;
a plot plan of the facility including the location of roads and fences;
description of boilers and pressure vessels;
a general description of the corrosion control elements and facilities and overpressure control; and
a general description of the pressure control and overpressure protection devices.

If the proposed project involves pressure regulating or metering facilities, provide:

a description of the gas or fluid analysis system;
minimum and maximum station flows and associated inlet and outlet pressures;
a general description of the pressure control and overpressure protection devices;
a description of the type and frequency of H2S analysis in the inlet gas stream;
a station schematic showing buildings and all major piping and valves including connections to existing pipeline systems;
a plot plan of the facility including the location of roads and fences;
pipe outside diameter;
pipe material type and grade;
pipe wall thickness;
MOP;
a general description of the corrosion control elements and facilities; and
if the measurement is being done for custody transfer purposes, include a description of the measurement equipment, including:
- physical size;
- flow capacity;
- measurement accuracy;
- meter type;
- number of meters; and
- proving method.

If the proposed project involves liquid tanks or other commodity storage facilities, provide:
- nominal and working capacity
- maximum injection and takeaway flow rates;
- seasonal demand for injection and takeaway capacity and flow rates;
- a description of the containment and overflow prevention system;
- a description of overpressure prevention systems;
- a schematic showing storage tanks, buildings and all major piping and valves, including connections to existing pipeline systems;
- a plot plan of the facility including the location of roads and fences;
- pipe outside diameters;
- pipe material types and grades;
- pipe wall thicknesses;
- MOP;
- valve locations;
- a description of the fire suppression system, if applicable;
- a description of the vapour detection and containment system, if applicable;
- a description of the flaring system, if applicable; and
- a general description of the corrosion control elements and facilities, if applicable.
If the proposed project involves new control system facilities for a pipeline, plant or station, provide:
- a basic description of the supervisory control and data acquisition (SCADA) system related to the proposed facility, including the parameters monitored;
- a basic description of the leak detection system including its sensitivity and accuracy;
- a basic description of the emergency shut down system.
If the proposed project involves gas processing, sulphur or liquefied natural gas (LNG) plant facilities, provide:
- an equipment and pipe list, including the pertinent engineering design information;
- plant capacity and LNG storage capacity;
- a process and instrumentation diagram (P&ID);
- a process flow description;
- plant feed and product specifications;
- a general description of the corrosion control elements and facilities; and
- a risk management plan.
If the proposed project involves facilities not mentioned above, provide a technical description of the proposed facilities that includes an equivalent level of information to that listed above
If the proposed project involves a building, include the building’s use and dimensions.
If the proposed project is a new system that is a critical source of energy supply to an area, provide a description of the impact to the new system capabilities following the loss of any critical component such as a compressor, pump or pipeline.

4.1.2 Engineering Design Principles

Goal

The application includes information on the engineering codes, standards and regulations applicable to the project as well as information with respect to any special engineering design challenges associated with the project.

Filing Requirements

Confirm project activities will follow the requirements of the latest version of Canadian Standards Association Standard Z662, Oil and Gas Pipeline Systems (CSA Z662).
If the designated project uses any of the Annexes, in whole or in part, that form part of CSA Z662, provide a statement indicating which Annex is being used and for what purpose.
If any portion of the designated project involves a hydrocarbon pipeline, provide a statement confirming compliance with the latest version of the OPR or PPR.
Provide a listing of all primary codes and standards, including the version and date of issue that will be followed in the design, material selection, construction, operation and maintenance for each element of the applied-for facility, including:
- pipe;
- coatings;
- valves;
- fittings;
- cathodic protection systems;
- compressors and pumps;
- regulators and control valves;
- liquid tanks and other storage facilities;
- boilers or pressure vessels (including certifying authority used or required);
- electrical systems;
- SCADA;
- pressure control and overpressure protection;
- leak detection; and
- buildings.

Where there is a choice in the code or standard selected, provide a brief reason why the referenced code or standard is considered the appropriate code.

Provide confirmation that the project will comply with company manuals and confirm that, in turn, these manuals comply with the:
- OPR, if applicable;
- PPR, if applicable; and
- the codes and standards for the project.

Keep the latest versions of these manuals available for Board audit and file copies upon request.

If the designated project involves any portion of a non-hydrocarbon commodity pipeline system provide a QA program outlining the necessary action required to ensure the materials purchased for use in the proposed facility are appropriate for their intended service.
If the proposed facility will be subject to conditions not specifically addressed in CSA Z662 (e.g., seismic issues, fracture control, slope instability, pipe buoyancy, or lack of support due to streambank erosion) provide:
- a written statement from a qualified professional engineer that the project has been assessed and designed for the potential effects of the condition that is not specifically addressed in CSA Z662; and
- a description of the designs and measures required to safeguard the pipeline.
If the designated project involves horizontal directional drilling, provide:
- a preliminary feasibility report detailing the assessment that was completed to determine that horizontal directional drilling could be successfully completed; and
- a description of the contingency plan to be used if the horizontal directional drill is not successful.
If the designated project involves new materials, provide, in tabular format, material supply chain information (e.g., forming and manufacturing locations) and the associated Quality Assurance verification activity.
If the designated project involves the reuse of materials, provide an engineering assessment in accordance with CSA Z662 that indicates its suitability for the intended service.

4.1.3 Onshore Pipeline Regulations

Goal

The application meets the requirements of the OPR.

Filing Requirements

If any portion of the designated project involves a hydrocarbon pipeline system requiring development of designs, specifications, programs, manuals, procedures, measures or plans for which no standard is set out in the OPR, provide copies to the Board for approval. [OPR, subsection 5.1(1)].
If the project design is non-routine in nature or must incorporate unique challenges because of its geographical location (e.g., sub-sea pipelines; pipelines located north of the 60th parallel; pipelines transporting sour gas, acid gas or high vapour pressure products; or pipelines operating under any extreme or unusual circumstances), provide a quality assurance (QA) program outlining the actions required to ensure the materials purchased for use in the proposed facility are appropriate for their intended service (OPR, section 15). See the Guidance topic below for further details.
If welding will be performed on a liquid-filled pipeline that has a carbon equivalent of 0.50% or greater and is a permanent installation, submit the following for approval [OPR, subsection 38(3)]:

welding specifications;
procedures; and
the results of procedure qualification tests for approval.

Guidance - Quality Assurance Program for Materials

The QA program in the above filing requirement ensures that materials purchased meet the company’s specified requirements. The rigor of the QA program should be consistent with the scale of the purchase order and its intended application (e.g., the purchase of a single small diameter fitting would not warrant the same degree of scrutiny as would a major pipeline construction project).

QA programs can include the elements of a recognized standard such as the International Organization for Standardization (ISO) 9000 series or quality management systems, and, where appropriate:

requirements for the pipeline company’s (or its agents) evaluation of the manufacturer’s or supplier’s quality management system prior to the award of any contract;
requirements for company (or its agents) audits and inspections during manufacture and fabrication, shipping, storage, etc.;
requirements for random and progressive product testing;
inspection procedures and inspector qualifications;
requirements for handling and review of documentation;
a system for managing non-conformances to specifications; and
procedures for company acceptance of products.

4.1.4 Economics and Financing

Information on economics is required in an application when the applied-for facilities would result in one or more of the following:

the construction of a new pipeline;
an increase in pipeline capacity or throughput on an existing regulated pipeline; or
a change in the type of commodity being transported on an existing regulated pipeline.

Economics information must include details on:

supply;
transportation;
markets; and
financing.

The overall purpose for filing information on facility economics is to demonstrate that the applied-for facilities will be used, will be useful, and that demand charges will be paid and that sufficient funds will be available for abandonment requirements.

4.2 Supply

Goal

The application includes information indicating that there is or will be adequate supply to support the use of the pipeline, taking into account all potential supply sources that could reasonably be expected to be sourced by the applied-for facilities over their expected economic life.

Filing Requirements

Provide:

a description of each commodity (e.g., crude oil, natural gas or NGL);
a discussion of all potential supply sources;
a forecast of the productive capacity for each commodity over the economic life of the facilities; and
for pipelines with contracted capacity, a discussion of the contractual arrangements underpinning the supply.

Guidance

When determining what level of supply information to provide, be aware that the CER must be satisfied that there is, or will be, an adequate supply available to the pipeline such that the applied-for facilities could be expected to be used at a reasonable level over their economic life and would be in the public interest.

The level of detail in the supply information would normally correspond to:

the projected increase in capacity or throughput;
the nature and complexity of the supply source; and
the potential impact on the public interest, commercial or otherwise.

Generally, the greater the projected increase in capacity or throughput, the greater the amount of supply information that would be required. Additional information might be required for designated projects that have a larger potential impact on third parties or the environment to demonstrate that the project is in the public interest.

Commodity Description

Describe each commodity that would be affected by the applied-for facilities. Adhere to the guidelines for describing commodities provided in ‘Measurement, Conversation Factors and Commodity Description’.

Resources

Describe each current and potential supply source that the applied-for facilities are relying upon, including the methodology used to derive these estimates.

Productive Capacity

Forecast the current and future production over the economic life of the project. Include forecasts from:

the various supply sources; and
conventional and unconventional production as well as production from other basins that could be sourced.

Clearly describe the sources for and the methodology used to derive the forecasts.

Contractual Arrangements

For pipelines with contracted capacity, include a description of any relevant contractual arrangements underpinning the supply arrangements. Also include key contractual terms such as length of contract and volumes under contract, where available.

4.3 Transportation Matters

Goal

The application includes information indicating that the volumes to be transported are

appropriate for the applied-for facilities and that the proposed facilities are likely to be utilized at a reasonable level over their economic life.

Filing Requirements

Pipeline Capacity

In the case of an expansion to an existing pipeline, provide:
- the pipeline capacity before the expansion capacity is added;
- the added capacity of the expansion project;
- the pipeline capacity as it would be following the expansion; and
- a justification that the capacity of the pipeline expansion is appropriate in terms of incremental volumes to be shipped on the expanded facility.
In the case of a new pipeline, provide a justification that the capacity of the new pipeline will be appropriate for the productive capacity or supply that would be available to the pipeline.

Throughput

For pipelines with contracted capacity, provide information on contractual arrangements underpinning the projected throughput volumes.
For all pipelines other than pipelines with contracted capacity, provide a forecast of projected throughput volumes by commodity type, receipt location and delivery destination on an annual basis over the economic life of the applied-for facilities.
If the designated project results in an increase in throughput capacity, provide:
- the theoretical and sustainable daily, seasonal and annual capabilities of the existing and the proposed facilities versus the current and forecasted requirements, indicating any contracted interruptible quantities; and,
- the flow formulae and flow calculations used to determine the daily or hourly (as appropriate) capabilities of the proposed facilities and the underlying assumptions and parameters, including a description of the gas or fluid properties.
Where more than one type of commodity would be transported in the same pipeline, describe the segregation of the commodities, including where applicable, potential contamination issues or cost impacts.

Guidance

Information submitted on transportation matters should:

demonstrate that the capacity of the applied-for facilities is appropriate for the commodities and volumes that would be transported in the pipeline; and
provide sufficient evidence to assure the Board that the applied-for facilities will be used at a reasonable level over their economic life.

Information on pipeline capacity, projected throughput or contracted volumes and, if applicable, supply available to the pipeline, could be provided in tabular format. Where it would provide clarity, a graphical representation could also be included.

Pipeline Capacity

Provide an estimate of the average annual capacity of the pipeline for the commodity or commodities transported.

Where pipeline capacity would be increased as a result of the construction of the applied-for facilities, include the pipeline capacity that would be added as well as the resultant total capacity of the pipeline.

In all cases where there will be a substantial difference between pipeline capacity and contracted volumes or projected throughput, include an explanation of the difference.

In the case where the subject pipeline is one of a number of pipelines serving a particular supply area, provide a description of the overall service for the area and the role the subject pipeline plays in serving the area relative to throughput volumes and productive capacity for the supply area.

Contractual Arrangements

Transportation agreement evidence is required when the applied-for facilities relate to the transportation of natural gas.

Describe the contracted volume and term by shipper. When possible, submit evidence of the transportation agreements, such as signed execution sheets and copies of the contracts. Contractual evidence must be of sufficient detail to assure the CER that the facilities will be used at a reasonable level and that demand charges will be paid.

Projected Throughput

A throughput forecast is required for liquids facilities (e.g., crude oil and NGL)

Also include a forecast of supply that could reasonably be expected to be available to the pipeline over the economic life of the applied-for facilities.

Describe the projected annual throughput of each commodity by source, location and delivery destination over the expected economic life of the applied-for facilities.

Commodity Integrity on Multi-Product Pipelines (where applicable)

In the case of multi-product pipelines for a new pipeline, or where the applied-for facilities could affect the integrity of any of the transported commodities, include a discussion of the methods that will be used to segregate or protect the integrity of the commodity types. Describe any potential contamination issues or cost impacts and strategies that will be used to mitigate any potential problems.

4.4 Markets

Goal

The application includes information indicating that adequate markets exist for the incremental volumes that would be available to the marketplace as a result of the applied-for facilities.

Filing Requirements

Provide:

an analysis of the market in which each commodity is expected to be used or consumed; and
a discussion of the physical capability of upstream and downstream facilities to accept the incremental volumes that would be received and delivered.

Guidance

Information on markets is required to assure the CER that there is sufficient demand to absorb the incremental volumes and, where applicable, physical capability in the upstream and downstream facilities to accept the incremental volumes. Where long-term transportation and downstream arrangements are in place, the required market information will be more general in nature, but must be adequate to allow the CER to determine whether the market demand will be sufficient to support the economic feasibility of the pipeline.

The level of detail will correspond to:

the magnitude of the incremental volumes that would be delivered into the market;
the degree of competition from other supply areas and from other fuels in the market to be served; and
the potential impact on the public interest, commercial or otherwise.

Generally, the greater the projected increase in volumes delivered to the marketplace, the greater the amount of market information that would be required. Designated projects that have a larger potential impact on third parties or the environment may require filing additional information to demonstrate that the project is in the public interest.

Description of the Market

Describe the market that will receive the commodity, including, where applicable:

where the commodity could be delivered (e.g., gas hub or designated refinery);
the potential competition to serve the market or the market areas from other pipelines;
energy sources; and
transportation systems.

Ability of Upstream and Downstream Facilities to Accept Incremental Volumes

In cases where the applied-for facilities would be receiving a commodity or commodities from an upstream facility or delivering to a downstream facility, provide assurance that the connecting facility is physically able to accept the additional volumes being received or delivered.

In addition to the filing guidance contained above, Applicants are to note that as of 1 January 2008, the British Columbia Oil and Gas Commission (OGC) put into effect requirements for the measurement and metering of fluids on pipelines entering or leaving the Province of British Columbia as outlined in the OGC Measurement Requirements for Upstream Oil and Gas Operations Manual – Chapter 7 – Cross Border Measurement. Companies should determine whether any of their NEB-regulated facilities handle BC production and fall within these provincial measurement requirements for such production.

4.5 Financing and Financial Resources

Goals

The application provides a discussion of the following points:

the applicant’s ability to finance the proposed facilities;
the method of financing the facilities and the potential costs associated with the risks and liabilities that arise during the construction and operation of the Project, including a significant incident (see the NEB’s Event Reporting Guidelines for a definition of “significant incident”);
any changes to the financial risk of the company associated with its intended method of financing the facilities;
the impact of the proposed facilities on the applicant’s abandonment cost estimate and the collection of these costs; and
the toll impact of the proposed facilities including the extent of any cross-subsidization.

Filing Requirements

All applications submitted pursuant to the CER Act must include the information stated in requirements 1 through 5.

In addition, applications with significant toll impacts must also include the information stated in requirement 6.

Provide evidence of the ability to finance the proposed facilities.
Provide evidence that the applicant can manage the potential costs associated with the risks and liabilities that arise during the construction and operation of the Project, including a significant incident involving a product release.
Indicate the estimated toll impact for the first full year that the facilities are expected to be in service.
Confirm shippers have been apprised of the project and associated toll impact. Provide a summary of their concerns, if any, and the plans to address these concerns.
Provide a discussion on how the applicant will address the impact of the proposed facilities on funding for abandonment;
For applications with significant toll impacts, provide additional toll details for:
- existing facilities;
- the aggregate of existing and proposed facilities; and
- the first five years that the proposed facilities are forecast to be in service.

Guidance

The CER needs sufficient information to allow it and interested parties to understand the application and the impacts on third parties, and to make a decision. The information provided should demonstrate that the applied-for project is financially sound given the approved toll methodology and that it is not being cross-subsidized in an inappropriate manner.

While the CER would find the information identified in the filing requirements to be satisfactory in most instances, it may be necessary to provide further information. In general, more detailed information should be provided for projects that are greater in complexity and scope. Examples of factors that could affect the complexity and scope of a project include the:

toll impact of the proposed facilities;
proposed toll design methodology;
level of market power held by the applicant, including its affiliates;
number of shippers on the system;
number of third parties that could be affected by the proposed facilities and the level of effect on these parties; and
the financial risk assumed by the applicant.

Determine the level of information to include for each filing requirement based on the factors described above, and provide any additional information that would be pertinent.

Finance Information

Evidence that the applicant has the ability to finance the proposed facilities should include, but not be limited to:

a description of the intended methods and sources of financing the proposed facilities;
a description of any financing already in place; and
a description of any restrictive provisions concerning future financing, any changes in capital structure, the impact on interest coverage ratios and other factors that could affect the financing of the proposed facilities.

Ownership Structure

The applicant should describe the corporate structure, including at a minimum:

The corporate structure chart showing the applicant, its subsidiaries, owning entities and affiliates; and
A description summarizing each entity’s ownership and the operating relationships with each other.

This chart in a) and the description in b) must show, but need not be restricted to:

the ownership of each entity and their jurisdiction of incorporation or registration; and,

Where limited partnerships are involved, a description of:

the general and limited partners in each limited partnership; and
the respective roles and responsibilities of each of these entities in managing the limited partnerships, and operating the pipeline and related facilities.

Financial Resources

Oil pipeline projects with a capacity of 250,000 bbl per day or more are expected to provide information on how the applicant can sustain management of the potential costs associated with the risks and liabilities that arise during the construction and operation of the Project, including a significant incident involving a product release:

A description of the applicant’s various types and amounts of financial resources, including the applicant’s readily accessible financial resources;
Key features with respect to third party liability insurance coverage plus description of whether the coverage is for the applicant or project alone or part of an umbrella coverage policy;
The basis for determining the amount of the financial resources required, taking into account the risk assessment for the Project, the costs of accidents and malfunctions, and any and all threats;
With respect to the costs of a hydrocarbon spill, identification of different cost categories (e.g.: clean up and remediation versus compensation) and location variables that would influence total costs;
Evidence of how the risk assessment results have been applied to anticipate, prevent, manage, and mitigate potential hazards during the design and operation of the project to minimize the quantity of hydrocarbons in the event of a spill;
An overview of plans for operating practices to avoid human error; and
An overview of how the applicant has factored its Emergency Prevention, Preparedness and Response Plan into its estimates of spill quantities and costs of an accident or malfunction.

(Additional information would be expected where marine shipping is involved.)

For the meaning of “risk assessment” and “risk assessment results” see CSA Z662, Clause 3, and Annex B, Guidelines for Risk Assessment of Pipeline Systems.

Toll Details

Toll details will include:

the annual toll impact;
where tolls are cost-based, the cost of service and rate base by main elements;
where tolls are not cost-based, the revenues from and costs of providing service by main elements;
the method and rates of depreciation by plant accounts, if different from those approved by the CER; and
if not already filed with the CER, copies of the relevant additional tariffs, transportation contracts or operating agreements associated with the new facilities.

Abandonment Funding Information

In 2008 the National Energy Board identified the following issue: What is the optimal way to ensure that funds are available when abandonment costs are incurred?

The Board determined, in the RH-2-2008 Reasons for Decision, that abandonment costs are a legitimate cost of providing service and are recoverable upon Board approval from users of the system. The Board also stated that landowners will not be liable for costs of pipeline abandonment.

All pipeline companies regulated under the CER Act are required to comply with the CER’s decisions regarding abandonment funding.

Applicants with existing CER-regulated facilities must use their CER-approved Abandonment Cost Estimate to calculate the annual amount to be set aside. Each Applicant must use the specific methodology that was approved for it by the NEB in the MH-001-2013 Reasons for Decision.

For Group 1 companies, calculate the change in Abandonment Cost Estimate relative to the total Board-approved Abandonment Cost Estimate for this system.

For Group 2 companies, calculate the change in Abandonment Cost Estimate relative to the total Abandonment Cost Estimate for all your CER regulated pipelines.

Information on abandonment funding should include the following:

Current CER-approved Abandonment Cost Estimate.
Change these proposed facilities will have on the CER-approved Abandonment Cost Estimate.
Description on how you intend to address the change in your Abandonment Cost Estimate (i.e. how will this impact your set aside mechanism, collection mechanism, tolls or tariffs).

Applicants new to the Board’s regulation require approval of the Abandonment Cost Estimate for the proposed facilities, as well as a process and mechanism for setting-aside abandonment funds. Information on abandonment funding should include the following:

Proposed Abandonment Cost Estimate for the facilities.
Description on how you intend to set-aside funds (either a trust, letter of credit, or surety bond) and a draft copy of the proposed set-aside mechanism;
- If using a trust, a proposed trustee for the trust, and a description of whether or not the trustee is regulated under the Trust and Loan Companies Act;
Description on how you intend to collect the funds.

4.6 Non-CER Regulatory Facility Approvals

Goal

The application includes information on other regulatory processes that are being undertaken with respect to the project.

Filing Requirements

Confirm that all non-CER regulatory approvals required to allow the applicant to meet its construction schedule, planned in-service date and to allow the facilities to be used and useful are or will be in place.
If any of the approvals referred to in #1 may be delayed, describe the status of those approval(s) and provide an estimation of when the approval is anticipated.

Guidance

The CER requires information regarding the status of all required federal, provincial and municipal approvals or authorizations to be reasonably assured that there are no issues before other regulators that would prevent or delay either the construction or use of the applied-for facilities. Updates on status may also be provided after an application has been submitted.

4.7 Lands Information

Goals

The application includes accurate documentation on land areas, land rights, the service of notice, the land acquisition process, and includes sample agreements and notices

4.8 Filing Requirements – Land Areas

Ensure the land documentation includes the following:

the width of the RoW including the locations where the width varies;
the locations and dimensions of known temporary work space required for the project or, if locations are not known, a drawing showing the typical dimensions of the temporary work space required for road, watercourse and other crossings, storage areas and camps; and
the locations and dimensions of any new lands required for all associated facilities.

Guidance – Land Areas

A description of the requirements and rationale for both temporary and permanent lands allows the Board to assess the appropriateness of the land areas. The description should include the dimensions of the:

RoW;
temporary working space;
valve sites;
cathodic beds;
pole lines;
access roads;
meter stations; and
facilities such as compressor or pumping stations.

Describe the location and distance of any changes to RoW width and the reasons for the change. Where new lands under any type of agreement are not required for the project, this should be clearly stated in the application and no further land area information needs to be filed.

4.9 Filing Requirements – Land Rights

Provide a description of the type of land rights proposed to be acquired for the project and related facilities.
Provide a description of the nature and relative proportions of land ownership along the proposed route (i.e., freehold, Crown or public lands).
Where no new land rights are required, provide a description of the existing land rights that allow for the project.

Guidance – Land Rights

The description of the land rights will inform the Board and landowners of the different types of land rights needed for the project (e.g., option, easement, fee simple, statutory RoW, temporary work space, permit or licence, etc.) and the areas where existing land rights allow for the project.

A description of the land ownership informs the Board of the land acquisition areas and agreements required for the project.

Appropriate Dispute Resolution (ADR)

The CER fosters open and respectful discussion between parties affected by CER regulated projects to settle issues that may arise between parties throughout the project lifecycle. The CER recognizes that a range of interest-based dispute resolution techniques, appropriate to the circumstance, are available and may be effective in dealing with such issues and disagreements. Interest-based techniques should be considered as alternative or complementary to traditional regulatory or litigated processes, such as the Detailed Route Hearing, and at the earliest opportunity for best results.

Parties are encouraged to consider ADR in their project planning and as soon as possible to resolve issues and manage conflict. CER staff with ADR specialization are available to assist stakeholders identify and design dispute resolution processes appropriate to their unique needs at any stage of the project.

4.10 Filing Requirements – Land Acquisition Process

Provide a description of the proposed process for acquiring the lands required for the project.
Provide the timing of acquisition and the current status of acquisition.
Provide the status of service of notices on all owners of lands to be acquired pursuant to the CER Act.

Guidance – Lands Acquisition Process

A description of the land acquisition process to be implemented will allow the CER to assess the process and to be aware of the timing of acquisition.

The land acquisition information should describe the:

numbers of landowners and tenants;
numbers of option or easement agreements signed;
numbers of notices served; and
timing of service of remaining notices.

This information may be provided in a table form.

4.11 Filing Requirements – Land Acquisition Agreements

Provide a sample copy of each form of land acquisition agreement proposed to be used (includes option and easement). The agreement shall be in the form required by the CER Act;
Provide a sample copy of any proposed agreements for:
- fee simple ownership
- temporary work space;
- an access road; or
- other agreements for the lands required for the project.

Guidance – Lands Acquisition Agreements

A sample copy of the acquisition agreement(s) enables the Board to verify that the agreement complies with the requirements of the CER Act and that landowner’s rights are protected.

Where lands will not be acquired pursuant to the above filing requirements, it is not necessary to file the respective sample copy of agreement.

4.12 Filing Requirements - Notices

Provide a sample copy of the notice proposed to be served on all owners of land pursuant to the CER Act.

5. Abandonment Funding and Applications to Abandon

5.1 Funding for Abandonment

All pipeline companies are required to follow the National Energy Board Onshore Pipeline Regulations, which include a systematic approach to pipeline management, including abandonment. Those regulations require all CER-regulated pipeline companies to establish, implement and maintain a management system that, among other things, integrates a pipeline company’s operational activities with its management of financial resources to meet its obligation to abandon its pipeline system. A systematic approach requires a pipeline company to have a documented organizational structure that sets out accountabilities, roles and responsibilities in relation to pipeline abandonment.

Companies’ management of financial resources includes the proactive management of their obligations relating to the set aside and collection of abandonment funds. The Onshore Pipeline Regulations require pipeline companies to, as part of their management system, establish and implement a process for, among other things:

Regular review of objectives and targets required to meet companies’ obligations to abandon a pipeline (assumptions would be refined as more detailed plans and assessments are developed);
Identifying and managing any change that could affect pipeline abandonment, including financial aspects of pipeline abandonment (for example, changes to the assumptions underlying pipeline abandonment such as various pipeline segments or sets of facilities that may be abandoned on different timelines);
Evaluating and managing the risks associated with, among other things, the financial aspects of pipeline abandonment;
The internal and external communication of information relating to pipeline abandonment; and
Identifying the documents required for the pipeline company to meet its obligation to abandon a pipeline.

Goal

As of 1 January 2015, CER-regulated pipeline companies must have a process and mechanism in place that will provide adequate funds to pay for pipeline abandonment. Companies should also institute governance practices relating to pipeline abandonment, which are one component of the systematic approach required by the National Energy Board Onshore Pipeline Regulations.

5.1.1 Cost Estimates

Companies are required to file their abandonment cost estimates for CER approval. Companies’ filings should also include a description of the methodology and assumptions used to estimate costs. Provide a level of detail and technical description appropriate to allow a person to form a reasonable understanding the estimates to a reasonable level. See ‘Referenced Documents, Abandonment Funding and Planning’ for documents that describe cost categories, abandonment assumptions and methodologies that have been used by companies and/or approved by the NEB in the past.

5.1.2 Protection of Funds

Pipeline companies must establish a trust or provide a letter of credit issued by a bank listed in Schedule 1 of the Bank Act, or a surety bond supplied by a surety company regulated by the Office of Superintendent of Financial Institutions. A model trust agreement, letter of credit and surety bond can be found in Reasons for Decision MH-001-2013. For information on accessing abandonment funds included in a letter of credit or surety bond.

5.1.2.1 Trusts

A trust can be a suitable mechanism to set aside funds for pipeline abandonment. However, the question of whether any particular trust is suitable depends on the terms and conditions that govern the trust. Companies are encouraged to consult ‘Referenced Documents, Abandonment Funding and Planning’, for reference documents issued by the NEB in regards to trusts. In particular, Appendix VI of the MH-001-2013 Reasons for Decision sets out Indicative Terms for companies proposing trusts. These should be viewed as the substantive minimum requirements that must be incorporated into a trust agreement. The NEB has also issued subsequent compliance decisions regarding companies filing trusts

5.1.2.2 Letter of Credit

If a company is using a letter of credit to set-aside fund, the financial instrument must meet the criteria included in the checklist below.

Letter of Credit Checklist:

Physical letter filed with the CER: Ensure that the physical letter of credit is filed with the CER and not a draft.
Amount: The letter of credit must be equal to a company’s approved Abandonment Cost Estimate (ACE). The Board does not allow growing letters of credit.
Beneficiary: The beneficiary must be identified as “Her Majesty the Queen in Right of Canada as represented by the Canadian Energy Regulator”;
Duration: The letter of credit must automatically renew on an annual basis (on 1 January each year) without notice or amendment, and without a maximum number of renewals;
Issuer: The issuer of the letter of credit must be a Canadian chartered bank set out on Schedule 1 to the Bank Act;
Access to funds: The full amount of the letter of credit must be payable to the beneficiary on demand upon presentation of the letter of credit at the bank’s main Calgary branch;
Notification: The beneficiary must be notified by fax and registered mail (to the attention of the Secretary of the Board) at least 60 days before the letter of credit may be cancelled or not renewed. Upon notification the beneficiary must be entitled to draw the entire amount of the letter of credit; and,
Additional Terms: The letter of credit must be irrevocable, non-transferable and non-assignable, and must be subject to the International Chamber of Commerce Uniform Customs and Practice for Documentary Credits (2007 revision).

5.1.2.3 Surety Bond

If a company is using a surety bond to set-aside funds, the financial instrument must meet the criteria included in the checklist below.

Surety Bond Checklist:

The surety must be regulated by the Office of the Superintendent of Financial Institutions (OSFI);
The obligee must be the “Her Majesty the Queen in Right of Canada as represented by the CER”;
The term of the bond must be indefinite. The bond may have a form of evergreen provision that automatically renews the bond unless notice of termination is given;
The bond must be terminable by the surety providing 60 days’ notice, with the obligee then having a further 60 day period to make a written demand of the surety;
The bond must be structured as an on demand instrument. This may be accomplished by requiring the surety to pay the bond amount upon receiving a written demand of the obligee consistent with the form of bond provided to the Ontario Minister of the Environment under Part XII of the Environmental Protection Act (Ontario);
The bond must reference the underlying regulatory obligations of the principal. For pipeline abandonment, the bond should reference the National Energy Board Act, RH-2-2008 Reasons for Decision, the Board document approving the pipeline company’s cost estimate, and the MH-001-2013 Reasons for Decision; and
The surety may fulfill its obligations under the bond by: (i) remedying the default, (ii) completing the pipeline company’s abandonment obligations, or (iii) paying the bond balance to the CER. If these options are set out in the bond, then the CER must have the discretion to choose among them.

5.1.3 Regular Reporting

All companies must file an annual update with respect to abandonment funding by 31 January of each year. The annual reporting form for companies using a trust can be found in Appendix XV of Reasons for Decision MH-001-2013. The annual reporting form for companies using a letter of credit or surety bond can be found in Appendix XVI of Reasons for Decision MH-001-2013.

5.2 Applications to abandon

Section 50 of the OPR states:

50. A company shall include in an application made under CER Act for leave to abandon a pipeline or a part of one, the reasons, and the procedures that are to be used for the abandonment.

Goal

The application must include the rationale for the abandonment and the measures to be employed in the abandonment as well as evidence that:

the proposed abandonment will be carried out in a technically safe manner;
potential environmental, socio-economic, economic and financial effects are identified and addressed; and
all landowners and other persons potentially affected are sufficiently notified and have their rights protected.

5.2.1 Filing Requirements - Engineering

Confirm abandonment activities will follow the requirements of the latest version of CSA Z662.
Provide:
- a rationale for the abandonment;
- a complete description of the facilities being abandoned;
- an assessment of the potential safety hazards related to the facility abandonment and the mitigative actions planned to reduce such hazards; and
- a plan outlining how the facility will be prepared for abandonment and how it will be monitored, if necessary, during its abandonment.
Pipeline abandonment details.

5.2.2 Filing Requirements – Economics and Finance

See: ‘Referenced Documents, Abandonment Funding and Planning’ for documents related to estimating costs of abandonment, including provision for post-abandonment funding.

Provide details of the costs associated with the proposed abandonment, including details of any estimated costs for post abandonment monitoring and contingency.
Confirm that funding is and will be available to finance the proposed abandonment project, and explain how funding will be available for post-abandonment activities (both monitoring and coverage of any future events).
Provide the original book cost of the facilities and accumulated depreciation to the retirement date.
Explain any impact on remaining ratebase, providing accounting details as outlined in the Gas Pipeline Uniform Accounting Regulations (GPUAR) or Oil Pipeline Uniform Accounting Regulations (OPUAR), including details of whether the retirement is ordinary or extraordinary.

5.2.3 Filing Requirements – Lands Information

Describe the location and the dimensions of the existing RoW and facility lands that would be affected by the abandonment.
Provide a map or site plan of the pipeline or facility to be abandoned.
Identify the locations and dimensions of known temporary work space required for the abandonment.
Describe any easement proposed to be acquired for the abandonment, including the location and dimensions of the easement;
Provide a record of public consultation activities that have been undertaken for the abandonment. This record should include a description of:
- all discussions with landowners regarding the easement;
- a summary of any issues or concerns identified by the landowner regarding the easement, surrendering of the easement or the lands proposed to be acquired; and
- how the applicant proposes to address any concerns or issues raised by potentially affected people or landowners or an explanation as to why no further action is required.
Provide the details of any reclamation plans developed in consultation with landowners affected by the proposed abandonment.
If any easement will be surrendered:
- identify the lands where easement will be surrendered;
- describe the contingency plans that will be put in place to protect the landowner should subsequent land issues arise following the abandonment of the facility and surrender of the easement; and
- file evidence to demonstrate that affected landowners have been advised of the proposed abandonment and that if the Board approves the abandonment, the CER will no longer have jurisdiction over the pipeline.

Guidance

Abandonment Plan

An application to abandon the operation of a pipeline could include an abandonment plan tailored to the individual project and should include input from interested parties such as:

landowners;
aboriginal groups;
occupants;
land managers
lessees;
municipal agencies (federal or provincial);
shippers; and
upstream and downstream users.

If an abandonment plan is shared with interested parties, any comments from these stakeholders should be considered and, where appropriate, incorporated into the plan.

Environmental, safety and land-use issues may all be considered in the application. The application may also address reclamation of sites where surface facilities have been or will be removed and the management of any pipeline components that will be maintained in a deactivated state.

Abandonment-in-Place or Removal of Pipeline

Assessments and studies should be provided to support the choice between abandonment-in- place or removal of the pipeline. If the pipeline is to be removed, assess the impact of the removal on the environment. If the pipeline is to be abandoned in place, refer to CSA Z662.

Additional Information

The following discussion papers were authored collectively by the NEB, Alberta Energy and Utilities Board, Canadian Energy Pipeline Association and Canadian Association of Petroleum Producers and provide guidance on responsible abandonment and methods of approach:

Pipeline Abandonment – A Discussion Paper on Technical and Environmental Issues dated 1996.
Legal Issues Relating to Pipeline Abandonment: A Discussion Paper dated 1997.

In 2009, the NEB’s Land Matters Consultation Initiative, a public forum to discuss various landowners concerns, generated a report, in part identifying the need for clarification on how pipeline abandonment is monitored. This report is available on the CER website.

Additional information can also be obtained in the CCME National Guidelines for Decommissioning Industrial Sites, available on the CCME website.

Economics and Finance

Abandonment Costs

See: ‘Referenced Documents, Abandonment Funding and Planning’ for documents that describe cost categories that the CER has found useful in examining cost estimates. Describe the methodology and assumptions used to estimate costs. Provide a level of detail and technical description appropriate to allow regulators, the public, and others to understand the estimates to a reasonable level.

For example, where pipe is proposed to be left in the ground, describe plugging intervals and costs. Where facilities are proposed to be removed identify the costs for dismantling and removal, reclamation, any remediation, and, where relevant, the costs and expected proceeds from salvage activities, including the timing of receipts of salvage proceeds.

Liability Exposure

The description of future liabilities should include:

the types of each liability and an estimate of the associated cost; and
a statement of which abandonment work is associated with a legal obligation and which work is not.

Financing

The confirmation that funding is and will continue to be available to fund the abandonment should include:

an explanation of the economic feasibility of the abandonment; and
the expected toll treatment and toll impact, including:
- an explanation of how the tolls were determined;
- the expected impact, if any, on shippers and other parties;
- a statement regarding the extent of shippers’ and other parties’ support for any toll increase; and
- describe any funding, financial guarantees or other arrangements designed to cover these costs.

Provisions for Post-abandonment

Provide a description about the mechanisms to be used to set-aside funds for post- abandonment activities.
Provide information for landowners regarding access to funds.
Provide estimates of average annual future costs for post-abandonment activities, as well as the number of years for which the company believes it is to be responsible for such activities.

Accounting

The GPUAR or OPUAR prescribe the accounting treatment for both ordinary and extraordinary retirements, including informing the CER if the gain or loss on an extraordinary retirement is material.

6. Protection of Pipelines From Ground Disturbance, Facility Constructions, Crossings and Mining Operations

6.1 Ground Disturbance, Facility Construction and Crossings Near Pipelines

Goal

The application includes information with respect to:

a facility proposed for construction across, on, along or under a pipeline;
a proposed activity that causes a ground disturbance within the prescribed area, which is a strip of land measured 30 m perpendicularly on each side from the centreline of the pipe (National Energy Board Damage Prevention Regulations – Authorizations (DPR – Authorizations));
vehicle or mobile equipment proposed to operate across the pipeline outside the travel portion of a highway or public road; or
a facility across, on, along or under the pipeline that is to be reconstructed, altered or removed.

Filing Requirements

Construction of facilities across pipelines and activities causing ground disturbance

For an application to construct a facility across, on, along or under a pipeline where consent has not been obtained from the pipeline company or measures outlined in the DPR – Authorizations cannot be met, provide:
- the purpose and location of the proposed facility;
- a description of the proposed facility; and
- the rationale for seeking approval from the Board.
For an application to conduct an activity causing a ground disturbance in the prescribed area where consent has not been obtained from the pipeline company or measures outlined in the DPR – Authorizations cannot be met, provide:
- the purpose and location of the activity;
- a description of the activity(s) resulting in a ground disturbance; and
- the rationale for seeking approval from the Board

Crossing pipelines with vehicles and mobile equipment

For an application to operate a vehicle or mobile equipment across a pipeline where consent has not been obtained from the pipeline company, provide:
- the purpose and location of the activity;
- a description of the vehicle or equipment; and
- the rationale for seeking approval from the CER.
For an application to direct the owner of a facility constructed across, on, along or under a pipeline, to reconstruct, alter or remove the facility, provide:
- the purpose and location of the facility;
- the purpose for the reconstruction, alteration or removal of the facility; and
- the rationale for seeking approval from the CER.

Guidance

Construction of facilities across pipelines and activities causing ground disturbance

An application is not required for activities (construction of facilities, activities causing ground disturbance, crossings) for which the requirements outlined in the DPR – Authorizations have been met.

An application for activities causing a ground disturbance is not required where the activity is:

to a depth of less than 30 cm and that does not result in a reduction of the earth cover over the pipeline to a depth that is less than the cover provided when the pipeline was constructed; or
cultivation to a depth that is less than 45 cm below the surface of the ground.

Crossing pipelines with vehicles and mobile equipment

Crossing along a travelled portion of a highway or public road

An application for a mobile equipment or vehicle crossing is not required if the crossing is to occur along the travelled portion of a highway or public road.

Crossing with vehicles for agricultural activity

Equipment that is used to perform an agricultural activity may cross a pipeline if the following conditions are met:

the loaded axle weight and tire pressures are within the manufacturers approved limits and operating guidelines; and
the point of crossing has not been identified by the pipeline company as a location where agricultural activities have the potential to damage the pipeline

Multiple Activities

Where multiple activities are proposed (e.g. both a crossing and ground disturbance), an application may be required for one of the activities even though the other activity may fall within one of the above-mentioned categories that do not require an application.

Filing an Application

The information required for this application can be filed with the CER in the form of a letter. A copy of the letter should be sent to all affected parties (including the pipeline company) so they can review the information and forward any comments they may have to the CER.

Provide as much information as possible about the efforts made to obtain the pipeline company’s consent for the activity prior to making the application to the Board including the reasons given by the pipeline company for withholding its consent. If applicable, please provide an explanation why certain measures outlined in the DPR – Authorizations cannot be met.

This may include copies of letters exchanged with all affected parties or minutes of meetings.

The CER may request additional information when an application is filed, depending on the circumstances of the project.

6.2 Protection of Pipelines from Mining Operations

This section is applicable to proposed mines or mineral work that will take place within 40 metres of the RoW of a federally regulated pipeline.

An application under the CER Act may involve pipeline crossings and therefore, an application pursuant to the CER Act may also be required.

Goal

The application includes information with respect to:

the portion of the pipeline affected by the proposed mines or mineral work;
an environmental screening;
any crossings; and
any seismic program or explosives involved.

Filing Requirements

As required by CER Act, provide a plan and profile for the portion of the pipeline to be affected.
Provide all reasonable and necessary information and details respecting the proposed mine or mineral work, including:
- project title and contact information for the company, contractors and sub-contractors;
- the name and contact information of the affected pipeline company;
- legal description of the lands to be affected;
- a map indicating the location of the pipeline(s); and
- a statement certifying that the pipeline company and the Board will be contacted at least 72 hours prior to conducting the project.
If the project involves crossing a pipeline, also include:
- the proposed crossing date; and
- evidence that an approved crossing agreement is in place.
If the application is for a seismic program or involves explosives:
- indicate the type of seismic program (e.g., 2D, 3D);
- provide the plat of the seismic program;
- identify the source (e.g., dynamite or vibroseis);
- identify the size of the dynamite charge, if applicable; and
- confirm that the program will be conducted in accordance with all applicable regulations.

Guidance

Submitting a Pipeline Notification Form to the CER is not considered an application or an approval for the activity.

Conditions of approval may include the requirement for mitigation plans that ensure public safety if live charges cannot be removed from the ground.

7. Decommissioning

7.1 General Requirements

Provide a complete description of the facilities being decommissioned. This should include a description of any adjacent facilities that are impediments to allowing the facility to be abandoned.

An application for abandonment must be filed for all CER-regulated facilities when they have reached their end of life, including associated decommissioned facilities. Therefore companies should demonstrate that they are planning for eventual abandonment of decommissioned facilities by providing the anticipated timing of abandonment activities (as best known at this time) for each facility being decommissioned as well as any measures taken to prepare for this eventual abandonment.

7.2 Filing Requirements – Engineering

Provide details to confirm that the pipeline is going to be:

emptied of service fluids;
purged or appropriately cleaned or both in a manner that leaves no mobile materials remaining in the pipeline;
physically separated from any in-service piping;
capped, plugged, or otherwise effectively sealed;
left without any internal pressure;
left in a state where road, railway or utility crossings are not at risk of disturbance due to settlement;
equipped with signage; and
monitored as appropriate for subsidence and to maintain adequate cover for existing and future land use.

7.3 Filing Requirements – Economics

Provide details of the costs associated with the proposed decommissioning. Confirm that funding is and will be available to finance the proposed decommissioning project.

Where the pipeline has or is likely in future to have third party shippers, provide:

Information on the original book cost of the facilities and accumulated depreciation to the retirement date
Explain any impact on remaining ratebase, providing accounting details as outlined in the Gas Pipeline Uniform Accounting Regulations (GPUAR) or Oil Pipeline Uniform Accounting Regulations (OPUAR), including details of whether the retirement is ordinary or extraordinary.
Explain the impact on the company’s abandonment funding program or verify that the decommissioning does not impact it. For example, explain:
- Any resulting changes to the abandonment cost estimate for the system, or to the estimated timing of abandonment for various segments;
- Any resulting changes to the plans to fund future abandonment costs.

7.4 Filing Requirements – Lands Information

Describe the location and the dimensions of the existing RoW or facility lands that would be affected by the decommissioning activities.
Provide a map or site plan of the facilities to be decommissioned.
Identify the locations and dimensions of any temporary workspace required for decommissioning activities
Provide a record of public consultation activities that have been undertaken with affected landowners. This record should include a description of:
- All discussions with landowners regarding the proposed decommissioning activities;
- A summary of any issues or concerns identified by the landowner; and
- How the applicant proposes to address any concerns or issues raised by potentially affected people or landowners or an explanation as to why no further action is required.
Provide a plan for how consultation with affected people or landowners will be conducted during the period of time between decommissioning and abandonment.

7.5 Filing Requirements – Consultation

The Board expects applicants will consider consultation for all projects. Please refer to Chapter 3.3 of the Filing Manual for additional information. Sharing contamination remediation plans, if any, with landowners, stakeholders – refer to Abandonment Guide B.2.

Guidance

Decommissioning Plan

An application to decommission the operation of a pipeline could include an decommissioning plan tailored to the individual project and should include input from interested parties such as:

landowners;
Indigenous groups;
occupants;
land managers;
lessees;
municipal agencies (federal or provincial);
shippers; and
upstream and downstream users.

If a decommissioning plan is shared with interested parties, any comments from these stakeholders should be considered and, where appropriate, incorporated into the plan.

Economics and Finance

Describe the methodology and assumptions used to estimate costs. Identify and describe any associated section 52 or 58 applications. Provide a level of detail and technical description appropriate to allow regulators, the public, and others to understand the estimates to a reasonable level. As decommissioning is not the final stage in the lifecycle of a Board-regulated pipeline, provide estimates of average annual future costs for post-decommissioning activities.

Provide estimates of:

any future costs associated with maintaining these facilities in a decommissioned state, up until abandonment of these and nearby facilities.
the costs to complete the abandonment of these facilities (including recognition of costs of post abandonment activities (i.e., for any facilities proposed to be left in the ground, the costs of monitoring and contingent remediation of any discoveries of contamination or subsidence).
explain if and how the total costs to abandon the entire pipeline system have been adjusted for the decommissioning of these facilities, and any related impact on funding for those future costs that remain.

Liability Exposure

As decommissioning is not the final stage in the lifecycle of Board-regulated pipelines, the description of future liabilities should include:

the type of each liability and an estimate of the associated cost; and
a statement of which decommissioning work is associated with a legal obligation and which work is not.

Financing

The confirmation that funding is available for the decommissioning work, and the funding will continue to be available to fund the future abandonment, including updated description of any funding, financial guarantees or other arrangements designed to cover these costs.

If the pipeline will still be providing service to third party shippers, include the expected toll treatment and toll impact, including:

an explanation of how the tolls were determined;
the expected impact, if any, on shippers and other parties; and
a statement regarding the extent of shippers' and other parties' support for any toll increase.

8. Post Certificate or Order Requirements

8.1 Filing Requirements – Engineering and Technical

Pipe Joining Program

Two weeks prior to the start of construction, provide a pipe-joining program if the designated project involves:
- pipe, other than auxiliary systems pipe, carrying any substance other than sweet natural gas, oil or refined products;
- the joining of any non-routine material;
- non-routine joining procedures; or
- a pipe grade higher than 483 Mpa.

Pressure Testing and Leave to Open

Two weeks prior to pressure testing, provide a pressure testing program if exemption has not been granted from the CER Act (i.e., leave to open).
One week prior to the start of operations, make an application for leave to open if exemption from the CER Act has not been granted .

Construction Safety Manual

Four weeks prior to the start of construction, submit a construction safety manual pursuant to OPR subsection 20(1) and PPR subsection 27(1). Refer to section 1.6 if this manual has been previously filed with the CER.

Emergency Procedures Manual

Two weeks prior to the start of operations, submit an emergency procedures manual and any updates that are made to it pursuant to OPR subsection 32(2) or PPR paragraph 35(b) and (c).
- File any updates required to incorporate the current project.

Gas Processing, Sulphur or LNG Plant Facilities

If the designated project involves gas processing, sulphur or LNG plant facilities, submit a program for the design, operation and abandonment of pressure vessels and pressure piping at the processing plant pursuant to PPR section 9. Also include provisions for document handling and record retention.

8.2 Filing Requirements – Post Construction Environmental Monitoring Reports

In consideration with the Follow-up and Monitoring sections in the TISG Template (Section 26, Part 2), the following CER Act monitoring requirements must be taken into account:

Provide reference information including:
- the CER order or certificate and condition number under which the report is being filed;
- the year of reporting (e.g., 6 month, 1 year);
- pipeline specifications (e.g., outside diameter of pipe, length of pipe, and product being transported); and
- a map of the region displaying the location of the pipeline as it was built in relation to provincial, territorial or national boundaries, and the nearest town.
Identify on a map, or with reference to a map, the locations of the following, as appropriate, in relation to the location of the pipeline as constructed:
- sites requiring ongoing monitoring (e.g., steep slopes, erosion-affected areas, areas that have weed problems, specific wildlife habitat, trees, rare plant transplant and donor sites or riparian areas);
- watercourse crossings, as well as any locations in which offsetting has been completed as required under a Fisheries Act Authorization. These locations are also to be provided in an electronic spreadsheet format and should include the name of the pipeline, name of the watercourse, type of watercourse, fish presence, the UTM location including zone in NAD83 datum and the crossing methodology implemented for each crossing;
- wetlands;
- access control features;
- temporary work space boundaries and access roads;
- planted tree bands;
- areas of identified landowner concerns such as subsidence or soils issues; and
- other project-specific sites of importance or interest.
Provide a discussion of the effectiveness of mitigation, reclamation, or compensation measures that were committed to and implemented. If measures were not successful, provide a description of what type of remedial measures were applied to accomplish the goals of mitigation or reclamation.
Identify the outstanding environmental issues, the plans for their resolution and any discussions held with interested parties regarding the issues.
Provide contact names and phone numbers of company representatives should there be questions from CER staff about the report or future inspections by CER staff that need to be arranged.

Report Content

These information requirements are intended to guide companies in developing post-construction environmental monitoring reports (post-construction report). Companies are encouraged to submit the listed information in an appropriate format such as:

text;
tables;
diagrams; or
photographs.

The initial post-construction report, also known as the as-built report, should be the most detailed post-construction report. The as-built report should focus on the issues from construction, and should be used as a building block upon which additional post-construction reports are based.

The subsequent post-construction reports should focus on the applied-measures and status of issues since the last post-construction report filing.

Photos can be used throughout the report to give the reader a better understanding of the issues, the state of the RoW, and the comparison between pre- and post-construction conditions.

The locations of specific environmental features and issues should be identified so that CER or company employees can easily locate areas on the ground. The locations may be marked on the map or may be identified in a list with reference to a map (e.g., alignment sheets). Locators such as latitude and longitude or Universal Transverse Mercator (UTM) coordinates should be used, and may be used in combination with kilometre- or mile-posts for use in flyovers.

The as-built report should discuss the mitigation implemented during construction and reclamation, and should include specific detail on unique or novel mitigation applied.

Subsequent post-construction reports should discuss measures implemented since the submission of the previous post-construction report and update the status of issues and the effectiveness of mitigation, as appropriate.

Biophysical and Socio-Economic Elements

Guidance for specific information that is required for biophysical, health, social and economic elements is provided in Part 2, TISG Template.

Highlight any new or innovative mitigation used and provide an evaluation of its success.

9. Other Potential Information Requirements

The following activities related to the CER Act would not normally be required during the impact assessment process and therefore integrating this information into the Tailored Impact Statement Guidelines is not necessary. If the proponent requires information with respect to the following, please refer to the NEB Filing Manual.

9.1 Deviations

9.2 Change in Class Locations

9.3 Change of Service or Increase in Maximum Operating Pressure

9.4 Deactivation

9.5 Reactivation

9.6 Processing Plant: Deactivation and Reactivation

9.7 Commodity Pipeline Systems

9.8 Tolls and Tariffs

9.9 Designated Project Financial Surveillance Reports

9.10 Import and Export Reporting Regulation Requirements

10. Filing Manual Checklists

Filing manual checklists are available from the NEB Filing Manual.

11. Reference Documents – Part 3

Reference documents produced by the National Energy Board are available its web site. These reference documents remain relevant to proponents with designated projects under the CER Act.

National Energy Board Act
National Energy Board Filing Manual, 2017
National Energy Board Rules of Practice and Procedure, 1995
National Energy Board Onshore Pipeline Regulations
National Energy Board Processing Plant Regulations
National Energy Board Act Part VI (Oil and Gas) Regulations
National Energy Board Substituted Service Regulations
National Energy Board Export and Import Reporting Regulations
National Energy Board Damage Prevention Regulations – Authorizations
National Energy Board Cost Recovery Regulations
Section 58 Streamlining Order XG/XO-100-2012, dated 1 August 2012
Order MO-002-2017 – Compelling Publication of Emergency Management Program Information on Company Websites (Filing A81701)
Order MO-006-2016 – Compelling Publication of Emergency Procedures Manuals (Filing A79720)
Order MO-CO-3-96 – Exemption of Commodity Pipelines from the OPR
Guidelines for Negotiated Settlements of Traffic, Tolls and Tariffs, dated 12 June 2002
National Energy Board Pre-Application Meetings Guidance Notes, dated 4 December 2008
Electronic Filing – Memorandum of Guidance, dated 21 March 2002
Filers Guide to Electronic Submission
Investigative Digs and Related Pipeline Repairs/Replacements, dated 2 December 2002
Security and Emergency Preparedness and Response Programs, Appendix II to Guidance Notes for the National Energy Board Processing Plant Regulations, dated 24 April 2002
Upstream Jurisdictional Issues, dated 17 September 1999
In the Matter of an Application under the National Energy Board Act of Review of Natural Gas Surplus Determination Procedures (July 1987), No. GHR-1-87 (NEB)
In the Matter of an Application under the National Energy Board Act of Proposed Changes to the Application of the Market-Based Procedure (May 1992), No. GHW-1-91 (NEB)
NEB Information for Proposed Pipeline or Power Line Projects that Do Not Involve a Hearing
NEB Information for Proposed Pipeline of Power Line Projects that Involve a Hearing
NEB Landowner Guide, (previously Pipeline Regulations in Canada: A Guide for Landowners and the Public)
Pipeline Abandonment, A Discussion Paper on Technical and Environmental Issues, dated November 1996
Canadian Environmental Assessment Act, 2012 (go to the web site at www.ceaa-acee.gc.ca for access to guidance documents)
Official Languages Act
Canadian Standards Association Standard Z662, Oil and Gas Pipeline Systems

Abandonment Funding and Planning

May 2009, Reasons for Decision RH-002-2008, Land Matter Consultation Initiative Stream 3 Pipeline Abandonment – Financial Issues (A21835, English A1J9R9) / français A1J9S0) Contains relevant principles, a preliminary Base Case and the 5-year Action Plan
4 March 2010, Base Case Revisions Revisions to Preliminary Base Case Assumptions (A24600, English A1S0C1 / français A1S0C2) Contains further detail on cost definitions and on collection periods and expected earnings on set-aside funds. Also contains details on filing formats
21 December 2010, Unit CostsA27778 (Letter: English A1W9T1 / français A1W9T2) (Amended Table A-3: English A1W9T3 / français A1W9T4) Contains estimates of individual cost components derived through discussions with industry
7 March 2011, Letter in response to CEPA (English A1W9T1 / français A1Y0H4) The letter amended one deadline for Group 1 pipeline companies, to allow more time for consultation with landowners
1 June 2012, Letter to All Parties – RH-2-2008 Five Year Action Plan – Timelines for Remaining Steps (English A2T8C7 / français A2T8C8)
February 2013, Reasons for Decision MH-001-2012, Applications filed in November 2011 for approval of preliminary cost estimates for abandonment cost funding (English A3F4F3 / français A3F4F4)
14 February 2013 Board Letter to Group 2 Companies on Abandonment Cost Estimates (English A3F4F6 / français A3F4F7)
May 2014, Reasons for Decision MH-001-2013, Applications for approval of set-aside and collection mechanisms for abandonment cost funding, (English A3X4G5/ français A3X4G4) Contains Model Trust Agreement, Model Letter of Credit, and Model Surety Bond
National Energy Board Decisions on Compliance with Reasons for Decision MH-001-2013 – Companies filing Trusts (Filings ID:A64904)

Footnotes

Footnote 1

As set out in paragraph18(1)(b) of the Impact Assessment Act.

Return to footnote 1 referrer

Footnote 2

This template uses the term 'Indigenous peoples' to represent the "Aboriginal peoples of Canada" which includes Indian, Inuit and Métis peoples as defined in subsection 35(2) of the Constitution Act, 1982, and 'rights of Indigenous peoples ' is used to reflect the full scope of potential or established Aboriginal and Treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982.

Return to first footnote 2 referrer

Footnote 3

Gender Based Analysis Plus (GBA+) provides a framework to describe the full scope of potential adverse and positive effects under the proposed IAA. GBA+ is an analytical framework that guides practitioners, proponents and participants to ask important questions about how designated projects may affect diverse or potentially vulnerable population groups.

Return to footnote 3 referrer

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Date modified:: 2020-11-27

Tailored Impact Statement Guidelines Template for Designated Projects subject to the Impact Assessment Act and the Canadian Energy Regulator Act

Table of Contents

Abbreviations and Short Forms

Part 1 - The Tailored Impact Statement Guidelines Template

1. Introduction

1.1 Factors to be considered in the Impact Assessment

Part 2 – Content – Tailored Impact Statement Guidelines Template

1. Overview

1.1 The proponent

1.2 Project overview

1.3 Project location

1.4 Regulatory framework and the role of government

1.5 Qualifications of individuals preparing the Impact Statement

2. Project Description

2.1 Project components

2.1.1 Common project components

2.1.2 Liquefied Natural Gas facilities

2.1.3 Onshore linear infrastructures, including pipelines

2.1.4 Hydroelectric power generation

2.1.5 Marine

2.2 Project cost estimates

2.3 Project activities

2.3.1 Site preparation and construction

2.3.2 Operation

2.3.3 Suspension, abandonment or decommissioning

2.4 Workforce requirements

3. Project Purpose, Need and Alternatives Considered

3.1 Purpose of the project

3.2 Need for the project

3.3 Alternatives to the project

3.4 Alternative means of carrying out the project

4. Description of Public Participation and Views

5. Description of Engagement with Indigenous Groups

5.1 Analysis of potentially affected Indigenous groups

5.2 Record of engagement

5.3 Analysis and response to questions, comments, and issues raised

6. Guidance on Conducting the Impact Assessment

6.1 Establishing baseline conditions

6.1.1 Sources of baseline information

6.2 Select Valued Components (VCs)

6.3 Define spatial and temporal boundaries

6.4 Effects assessment

6.5 Interactions between effects and VCs

6.6 Describe any planned mitigation measures

6.7 Describe residual effects after mitigation

6.8 Cumulative Effects Assessment

7. Baseline Conditions – Biophysical Environment

7.1 Atmospheric, acoustic, and visual environment

7.2 Meteorological Environment

7.3 Geology, geochemistry and geological hazards

7.4 Topography, soil and sediment

7.5 Riparian and wetland environments

7.6 Groundwater and surface water

7.7 Marine environment and marine geohazards

7.8 Vegetation

7.9 Fish and fish habitat

7.10 Birds, migratory birds and their habitat

7.11 Terrestrial wildlife and their habitat

7.12 Species at Risk

7.13 Ambient Radioactivity

8. Baseline Conditions – Human Health

9. Baseline Conditions – Social

10. Baseline Conditions – Economic

11. Baseline Conditions - Indigenous Peoples

11.1 Physical and Cultural Heritage

11.2 Current Use of Lands and Resources for Traditional Purposes

11.3 Health, social and economic conditions

11.4 Conditions Related to the Rights of Indigenous Peoples

12. Predicted Changes to the Physical Environment

12.1 Changes to the atmospheric, acoustic, and visual environment

12.2 Changes to groundwater and surface water

12.3 Changes to riparian, wetland and terrestrial environments

12.4 Changes to the marine environment

12.5 Radiological conditions

13. Effects to Valued Components – Environment

13.1 Fish and fish habitat

13.2 Birds, migratory birds and their habitat

13.3 Terrestrial wildlife and their habitat

13.4 Species at risk

13.5 Climate Change