D1. Environmental impact study

The Regulation prohibits development in natural features and provincial parks or conservations reserves unless, in specific circumstances, and pursuant to subsections 37 (2), 38 (2), 41 (5) and 43 (3), an environmental impact study (EIS) report is prepared in accordance with this Guide.

An EIS is an assessment that anticipates the implications of changes in land use and the interaction of these changes with natural features and their ecological functions. The ecological functions of the natural features related to the surrounding natural landscape are considered as well. An EIS is intended to identify the potential negative environmental effects of the proposed project on natural features, provincial parks or conservation reserves, and describe how those potential effects will be addressed through mitigation and monitoring. An EIS must assess negative environmental effects associated with the construction, installation, use, operation, changing and retiring of the renewable energy facility.

If applicants choose to locate renewable energy projects outside natural features or their adjacent lands, an EIS is not required.

D2. EIS procedures

This section of the Guide sets out steps for preparing an EIS. The EIS must be prepared by a qualified person.

Part E and part F of this Guide provide additional requirements and considerations for the preparation of an EIS related to bird or bat SWH (part E) and for provincial parks or conservation reserves (part F).

Step 1: Describe existing environmental conditions

Information on the project location, the natural features present, and their associated ecological functions is required in order to identify and assess the potential negative environmental effects of the proposed renewable energy project and to determine mitigation measures for those negative environmental effects. This requires an inventory of abiotic conditions and flora and fauna; documentation of vegetation; analysis of the interrelationships among the biotic and abiotic elements of a site (that is, its ecology); and determination of how effects on natural features will change these existing environmental conditions.

Information on the existing environmental conditions for the proposed project may include:

  • analysis of surface and subsurface soils
  • identification of local landform types
  • identification of catchment boundaries of any surface water features, including wetlands
  • description of the water balance, depending on the types of features present
  • description of the infiltration capabilities of the site
  • description of natural features

Step 2: Describe natural features

The EIS must identify and describe the natural features that may be affected by the proposed renewable energy project based on the work conducted during the records review, site investigation (or alternative investigation), evaluation of significance (or alternative approach, including a wetland assessment where applicable). Natural features must be depicted on a map (which can be an updated version of the maps prepared as part of the natural heritage assessment). The map must clearly identify the location of natural features and/or adjacent lands for which an EIS is being conducted in relation to the project location. Natural features should be described in text accompanying the map and include:

  • details on the status of the natural features (for example, significant)
  • identification of ecological linkages and natural processes
  • description of habitat requirements and relationships between natural features
  • description of any nearby features that contribute to the persistence of the natural features for which the EIS is being prepared (for example, watercourse)
  • any other relevant information

Step 3: Analyze ecological functions of natural features

Analysis of the ecological functions of the natural feature for which an EIS is being prepared is important for understanding potential negative environmental effects. This analysis should include:

  • examination of the natural features and their functions and identification of those that are ecologically sensitive to potential development effects
  • any evidence that the functions of natural features are measurable or predictable (for example, functional loss can be predicted using sampling, modeling or other accepted methods)
  • assessment of habitat changes
  • identification of indicator, keystone or flagship species that could be considered in assessing habitat conditions
  • identification of key features or functions that contribute significantly to the integrity or importance of the natural feature

In some cases, the evaluation of significance for a natural feature may be sufficient to provide the applicant with the information required to conduct an accurate analysis of ecological functions (for example, wetlands evaluated using the OWES). However, in many cases, the determination of significance will be based on criteria which do not provide an understanding of the full range of ecological functions associated with the natural feature (for example, woodland determined to be significant based on size). Where ecological functions cannot be fully understood through evaluation of significance, the applicant will need to look at all available information and assess existing environmental conditions.

Appendix D3 of this Guide describes some of the key characteristics and ecological functions associated with natural features and can be used to address the potential negative environmental effects of specific development activities on natural features and ecological functions. It is important to note that not all of these features and functions are likely to occur for every natural feature and that some may be present but be relatively unimportant.

Step 4: Assess potential negative environmental effects

Although the assessment of potential negative environmental effects should be quantitative, in some situations this will not be possible. Effects may be short-term (for example, siltation arising from construction) or long-term (for example, loss of habitat). Effects can also be classified as direct (for example, woodland cutting/clearing) or indirect. Examples of indirect effects include reduction in forest interior habitat due to fragmentation or loss of forest edge; the potential for increased access because of road creation; human disturbance; invasion by non-native species; and the effects of construction noise on wildlife. The SWH mitigation support tool (go to section A4 of this Guide) provides descriptions of potential impacts on wildlife habitat.

A number of factors should be considered when assessing potential negative environmental effects on natural features and their ecological functions including:

  • the possible spatial extent or area of the natural feature(s) that the renewable energy project will affect, directly or indirectly
  • the temporal context of effects (for example effects on wildlife may be magnified during seasons with drought conditions)
  • the magnitude, frequency and duration of the effects
  • potential effects on the size, diversity, health, connectivity, functionality and resilience of the natural feature
  • the effects of existing development or site alteration activities within the intervening lands between the natural feature and the project location

Appendix D4 of this Guide provides examples of potential negative environmental effects associated with specific project activities, as well as some possible mitigation measures.

Step 5: Identify mitigation measures

The EIS must demonstrate that the mitigation measures identified address the negative environmental effects that may occur to the natural features and their ecological functions. Mitigation measures should generally be well established as being effective and be designed to:

  • avoid or prevent negative environmental effects
  • minimize or alleviate negative environmental effects
  • maintain the size, diversity, health, form and function of the natural feature

Implementation of mitigation measures can be achieved through conditions of approval on a REA application. Applicants should also consider the ways in which the negative environmental effects relate to one another and where efficiencies might be achieved in mitigation.

Negative environmental effects should be mitigated to the extent possible; however, changes in land use will almost always result in some effects which cannot be mitigated. The EIS should clearly identify residual effects (that is, those effects that would remain after mitigation measures have been implemented) and include discussion of their significance, severity and longevity.

D3. Approaches to mitigation

For examples of possible mitigation measures associated with the potential negative environmental effects of specific project activities, go to appendix D4 of this Guide. This information is not meant to be exhaustive or representative of typical negative environmental effects encountered by a renewable energy project; there are many other potential effects and mitigation measures that an applicant may encounter.

D4. EIS report

The EIS report must contain information as required in the Regulation. This includes identifying and assessing any negative environmental effect of the project on a natural feature or its adjacent lands and identifying mitigation measures for each negative environmental effect.

An EIS report that is prepared for a natural feature that is being treated as if it were significant (go to section C4.1 of this Guide), must provide a summary of information collected as part of a wetland assessment (go to appendix D2 of this Guide) or baseline information gathered to assess key habitat characteristics and ecological functions of other natural features (for example, candidate SWH, woodlands).

The Regulation requires that applicants prepare a construction plan report to demonstrate how any negative environmental effects of construction or installation activities will be mitigated. When preparing an EIS report, the applicant must provide a description of how the construction plan report will address any negative environmental effects of the construction phase on a natural feature for which the EIS is being prepared.

For each negative environmental effect that might result during construction or installation, the EIS report should provide sufficient detail to fully describe the mitigation measures in the construction plan report including:

  • modifications to construction activities
  • use of treatment technologies (for example sediment containment structures)
  • scheduling and operational changes (including rationale for timing of activities)

Referencing the environmental effects monitoring plan in the EIS

When preparing an EIS Report, the applicant must provide a description of how the EEMP addresses any negative environmental effects of the project on a natural feature, provincial park or conservation reserve for which the EIS is being prepared. The EIS report should summarize the approach detailed in the EEMP including:

  • methodologies to be used
  • locations of monitoring
  • frequency of sample collection
  • how the results of the monitoring plan will be reported
  • contingency measures that will be undertaken, including their timing, design and operational considerations

Monitoring methodology

A monitoring program should begin with a clear set of goals and objectives against which to measure the monitoring results, and should specify a repository for the information. Monitoring objectives will be identified through the EIS process, and should address the effectiveness of measures proposed to mitigate the negative environmental effects of the project. Also important are contingency measures that will be undertaken, should monitoring reveal that unanticipated negative environmental effects are occurring or if the negative effects identified through the EIS are greater than predicted. Remedial steps are undertaken where the results of monitoring indicate that actual effects are greater than predicted effects.

The level of monitoring required to demonstrate the effectiveness of mitigation or to properly assess baseline conditions will vary on a project-by-project basis. The type and magnitude of change that is to be detected should be considered when determining appropriate measures for such monitoring. If quantitative measures are required, the number of samples and frequency of sampling should be determined and specified.

Periodic updates in imagery, especially if available in digital format, provide a “desktop” basis for updating quantitative measurements of the size and configuration of natural features within a monitoring area. Orthorectified aerial or satellite imagery can also be interpreted to indicate areas of natural succession and other natural disturbances, such as beaver activity within the monitoring area, as well as degradation. Methods for monitoring vegetation or wildlife should be based on published and widely accepted monitoring methods.