In New Brunswick, the Environmental Impact Assessment (EIA) Regulation (87-83) acts as the primary gatekeeper for development. For a developer, “triggering” an EIA doesn’t mean your project is dead—it means you need to identify and mitigate risks before the first shovel hits the ground.
As we move through 2026, the Department of Environment and Local Government (DELG) is placing higher scrutiny on projects affecting “sensitive features.” Here are the primary triggers every developer needs to know.
1. The “Schedule A” List
The most common way an EIA is triggered is if your project falls under Schedule A of the Regulation. If your project fits any of these descriptions, registration is mandatory:
- Water & Power: Electric power generating facilities, water reservoirs, or major water pipelines.
- Waste & Industry: Any hazardous waste facility, landfill, or large-scale industrial plant.
- Infrastructure: New highways, causeways, railways, or major port developments.
- Extraction: All commercial mineral extraction, oil/gas wells, and large-scale quarries.
2. The “Sensitive Location” Triggers
Even if your project is relatively small, its location can trigger a review. In 2026, the two most critical “spatial” triggers are:
- Wetlands and Watercourses: Any project that alters a wetland (regardless of size) or a watercourse may trigger an EIA review. Note that New Brunswick recently updated its Contaminated Sites Regulation with stricter remediation timelines, making “brownfield” redevelopments a high-scrutiny zone.
- Water Supply Source Assessment (WSSA): If your project requires a new communal water well or plans to use more than 50 cubic metres of water per day, a WSSA is triggered as part of the EIA process to ensure you aren’t “drying out” the neighbors.
3. The “Minister’s Discretion” (The Catch-All)
Under Section 6(4) of the Regulation, the Minister has the power to pull any project into the EIA process if they believe it has the potential for “significant environmental impact.”
In 2026, this is increasingly triggered by:
- Cumulative Impacts: Small projects that, when added to existing nearby developments, create a large footprint.
- Public Concern: High-profile projects that generate significant community or First Nations interest.
4. The 2026 Process: What’s New?
The provincial government has recently modernized the registration process to speed up timelines.
- Digital Portal: Developers are now encouraged to use the online EIA portal for submissions, which has improved tracking and transparency.
- First Nations Engagement: 2026 standards require more robust evidence of early engagement with First Nations communities before the registration document is submitted.
- The “90/10” Rule: Statistically, over 99% of projects in New Brunswick are approved at the “Screening” stage with conditions. Only the most complex projects (less than 1%) proceed to a full Comprehensive Review.
5. Pro-Tip for Developers: The “Pre-Registration” Meeting
The biggest mistake developers make is filing without talking to the EIA Branch first. A simple “Scoping Meeting” with DELG staff can tell you:
- If your project is likely to be triggered.
- What specific studies (birds, archaeology, hydrogeology) you should start now to avoid 6-month seasonal delays.
The Bottom Line: An EIA trigger isn’t a “no”—it’s a request for a better plan. By identifying these triggers during your due diligence phase, you can bake the costs and timelines into your pro forma rather than being surprised by a “Stop Work” order later.