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

Table of Contents

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
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
TIS 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):

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 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 interim 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 interim guidance related to the IAA and CER Act, there may be areas where inconsistencies exist. Any conflicting information will be reconciled as interim 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 (IAA) and prescribe that the IA of a designated project must take into account:

  1. 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.
  2. mitigation measures that are technically and economically feasible and that would mitigate any adverse effects of the designated project;
  3. the 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;
  4. the purpose of and need for the designated project;
  5. 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;
  6. any alternatives to the designated project that are technically and economically feasible and are directly related to the designated project;
  7. Indigenous knowledge provided with respect to the designated project;
  8. the extent to which the designated project contributes to sustainability;
  9. 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;
  10. any change to the designated project that may be caused by the environment;
  11. the requirements of the follow-up program in respect of the designated project;
  12. considerations related to Indigenous cultures with respect to the designated project;
  13. community knowledge provided with respect to the designated project;
  14. comments received from the public;
  15. comments from a jurisdiction that are received in the course of consultations conducted under section 21 of the IAA;
  16. any relevant assessment referred to in sections 92, 93 or 95 of the IAA;
  17. 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;
  18. 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;
  19. the intersection of sex and gender with other identity factors; and
  20. any other matter relevant to the IA that the Agency or — if the IA is referred to a review panel — the Minister 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:

  1. the environmental effects, including any cumulative environmental effects;
  2. the safety and security of persons and the protection of property and the environment;
  3. the health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors;
  4. the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes;
  5. the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
  6. the availability of oil, gas or any other commodity to the pipeline;
  7. the existence of actual or potential markets;
  8. the economic feasibility of the pipeline;
  9. 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;
  10. 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;
  11. any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act; and
  12. 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:

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:

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):

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

1.4 Regulatory framework and the role of government

The Impact Statement must identify:

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 peoplesFootnote 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

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

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:

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

2.3.2 Operation

2.3.3 Suspension, abandonment or decommissioning

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:

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 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:

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:

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

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:

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:

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:

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:

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:

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:

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:

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.

7.1 Atmospheric, acoustic, and visual environment

The Impact Statement must:

Guidance from Health Canada regarding the appropriate baseline information for air quality and noise is identified in Appendix 1.

7.2 Meteorological Environment

The Impact Statement must:

7.3 Geology, geochemistry and geological hazards

The Impact Statement must:

7.4 Topography, soil and sediment

The Impact Statement must:

For projects within the permafrost regions:

7.5 Riparian and wetland environments

The Impact Statement must:

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:

7.7 Marine environment and marine geohazards

The Impact Statement must:

7.8 Vegetation

The Impact Statement must:

7.9 Fish and fish habitat

The Impact Statement must:

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:

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 Appendix 1).

7.11 Terrestrial wildlife and their habitat

The Impact Statement must:

7.12 Species at Risk

The Impact Statement must:

COSEWIC provides an annual report listing the designated wildlife species on its website (see Appendix 1).

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:

Guidance on radiological baseline information requirements is provided in Appendix 1.

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:

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:

Guidance for developing the appropriate baseline information relevant to human health is identified in Appendix 1.

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:

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:

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:

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:

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:

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, Interim 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:

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:

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:

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:

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:

Guidance from Health Canada regarding air quality health and noise impacts is identified in Appendix 1.

12.2 Changes to groundwater and surface water

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

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

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

12.3 Changes to riparian, wetland and terrestrial environments

The Impact Statement must:

12.4 Changes to the marine environment

The Impact Statement must:

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:

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:

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 Appendix 1).

13.2 Birds, migratory birds and their habitat

The Impact Statement must:

13.3 Terrestrial wildlife and their habitat

The Impact Statement must:

13.4 Species at risk

The Impact Statement must:

13.5 Climate Change

The Impact Statement must:

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:

Guidance from Health Canada regarding human health impacts is identified in Appendix 1.

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:

15.2 Land and resource use and recreation

The Impact Statement must:

15.3 Navigation

The Impact Statement must:

15.4 Community well-being

The Impact Statement must:

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

The Impact Statement must:

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:

The Impact Statement must:

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.

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 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:

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

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: the Interim Guidance on Assessing Potential Impacts on the Rights of Indigenous Peoples under the Impact Assessment Act.

The proponent and Indigenous groups may consider:

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:

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:

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:

20. Cumulative Effects Assessment

The Impact Statement must:

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:

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:

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:

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:

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:

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:

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:

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:

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 interim 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:

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:

  1. 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;
  2. 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
  3. 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:

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:

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:

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:

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:

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
  1. Describe the fluid type and chemical composition.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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
  10. If the proposed project involves a building, include the building’s use and dimensions.
  11. 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
  1. Confirm project activities will follow the requirements of the latest version of Canadian Standards Association Standard Z662, Oil and Gas Pipeline Systems (CSA Z662).
  2. 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.
  3. 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.
  4. 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.
  5. 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.

  6. 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.
  7. Keep the latest versions of these manuals available for Board audit and file copies upon request.

  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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
  1. 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)].
  2. 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.
  3. 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)]:
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:

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:

Economics information must include details on:

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:

  1. a description of each commodity (e.g., crude oil, natural gas or NGL);
  2. a discussion of all potential supply sources;
  3. a forecast of the productive capacity for each commodity over the economic life of the facilities; and
  4. 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:

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:

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
  1. 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.
  2. 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
  1. For pipelines with contracted capacity, provide information on contractual arrangements underpinning the projected throughput volumes.
  2. 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.
  3. 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.
  4. 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:

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:

  1. an analysis of the market in which each commodity is expected to be used or consumed; and
  2. 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:

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:

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:

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.

  1. Provide evidence of the ability to finance the proposed facilities.
  2. 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.
  3. Indicate the estimated toll impact for the first full year that the facilities are expected to be in service.
  4. 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.
  5. Provide a discussion on how the applicant will address the impact of the proposed facilities on funding for abandonment;
  6. 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:

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:

Ownership Structure

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

  1. The corporate structure chart showing the applicant, its subsidiaries, owning entities and affiliates; and
  2. 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:

  1. the ownership of each entity and their jurisdiction of incorporation or registration; and,
  2. Where limited partnerships are involved, a description of:

  3. the general and limited partners in each limited partnership; and
  4. 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:

  1. A description of the applicant’s various types and amounts of financial resources, including the applicant’s readily accessible financial resources;
  2. 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;
  3. 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;
  4. 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;
  5. 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;
  6. An overview of plans for operating practices to avoid human error; and
  7. 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:

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:

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:

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
  1. 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.
  2. 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:

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:

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

  1. Provide a description of the type of land rights proposed to be acquired for the project and related facilities.
  2. Provide a description of the nature and relative proportions of land ownership along the proposed route (i.e., freehold, Crown or public lands).
  3. 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

  1. Provide a description of the proposed process for acquiring the lands required for the project.
  2. Provide the timing of acquisition and the current status of acquisition.
  3. 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:

This information may be provided in a table form.

4.11 Filing Requirements – Land Acquisition Agreements

  1. 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;
  2. 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:

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:

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:

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:

5.2.1 Filing Requirements - Engineering

  1. Confirm abandonment activities will follow the requirements of the latest version of CSA Z662.
  2. 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.
  3. 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.

  1. Provide details of the costs associated with the proposed abandonment, including details of any estimated costs for post abandonment monitoring and contingency.
  2. 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).
  3. Provide the original book cost of the facilities and accumulated depreciation to the retirement date.
  4. 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

  1. Describe the location and the dimensions of the existing RoW and facility lands that would be affected by the abandonment.
  2. Provide a map or site plan of the pipeline or facility to be abandoned.
  3. Identify the locations and dimensions of known temporary work space required for the abandonment.
  4. Describe any easement proposed to be acquired for the abandonment, including the location and dimensions of the easement;
  5. 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.
  6. Provide the details of any reclamation plans developed in consultation with landowners affected by the proposed abandonment.
  7. 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:

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:

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:

Financing

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

Provisions for Post-abandonment
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:

Filing Requirements

Construction of facilities across pipelines and activities causing ground disturbance
  1. 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.
  2. 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
  3. Crossing pipelines with vehicles and mobile equipment
  4. 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.
  5. 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:

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:

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:

Filing Requirements

  1. As required by CER Act, provide a plan and profile for the portion of the pipeline to be affected.
  2. 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.
  3. If the project involves crossing a pipeline, also include:
    • the proposed crossing date; and
    • evidence that an approved crossing agreement is in place.
  4. 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:

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:

7.4 Filing Requirements – Lands Information

  1. Describe the location and the dimensions of the existing RoW or facility lands that would be affected by the decommissioning activities.
  2. Provide a map or site plan of the facilities to be decommissioned.
  3. Identify the locations and dimensions of any temporary workspace required for decommissioning activities
  4. 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.
  5. 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

  1. 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:

If a decommissioning 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.

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:

Liability Exposure

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

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.

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:

8. Post Certificate or Order Requirements

8.1 Filing Requirements – Engineering and Technical

Pipe Joining Program

  1. 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

  1. 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).
  2. 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 .
  3. Construction Safety Manual

  4. 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.
  5. Emergency Procedures Manual

  6. 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.
  7. Gas Processing, Sulphur or LNG Plant Facilities

  8. 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

  1. 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.
  2. 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.
  3. 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.
  4. Identify the outstanding environmental issues, the plans for their resolution and any discussions held with interested parties regarding the issues.
  5. 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:

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. Draft interim filing guidance related to the CER Act is also available.

Abandonment Funding and Planning


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