New Brunswick/EZ Policies

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EZ Policies for New Brunswick

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Policy Place Policy Type Active Implementing Sector Summary
Air Quality Approvals and Permits (New Brunswick, Canada) New Brunswick Environmental Regulations
Yes State/Province An air quality approval is required by owners or operators of a source of air contaminants for the construction, operation, or modification of the source. This applies to most existing or new industrial and some commercial or institutional facilities.

Anyone constructing, operating, and/or modifying what is considered by the department to be a source of contaminants. This applies to most existing or new industrial and some commercial or institutional facilities in New Brunswick.

The following are the major services that are provided through the Approvals program: Application Review, Approval Development and Issuance, and Compliance Verification. The actual time spent on providing these services increases with facility complexity and associated environmental risk. In keeping with this, the annual fees for Air Quality Approvals are broken into five classes that include Class 1A, 1B, 2, 3, and 4 facilities. A Class 1A facility is considered the most complex and requires the most regulatory effort, and therefore has the highest annual fee. Conversely, a Class 4 facility is considered the least complex and requires the lowest associated amount of regulatory effort, and therefore has the lowest annual fee.
Canada Oil and Gas Operations Act (Canada) Canada Environmental Regulations
Equipment Certification
Generating Facility Rate-Making
Generation Disclosure
Industry Recruitment/Support
Safety and Operational Guidelines
Siting and Permitting
Yes Federal The purpose of this Act is to promote safety, the protection of the environment, the conservation of oil and gas resources, joint production arrangements, and economically efficient infrastructures.

The act sets up a regulatory structure for licensing, permitting, equipment certification, safety and operational regulations and standards, land owner rights and the rights of access for exploratory and extraction operations, as well as prohibited areas.

The act also addresses the fee structures, the development plan approval process, employee benefits and training standards, financial obligations, pipeline and transmission tariffs, purchasing agreements and sales, and legal recourse.
Canada Small Business Financing Program (Canada) Canada Loan Program Yes Federal Since 1961, the Canada Small Business Financing Program (CSBFP) seeks to increase the availability of loans for establishing, expanding, modernizing and improving small businesses. It does this by encouraging financial institutions to make their financing available to small businesses. By sharing the risk with a financial institution, the program may help businesses secure up to $500,000.

Small businesses or start-ups operating for profit in Canada, with gross annual revenues of $5 million or less.

Not eligible under this program are farming businesses (Agriculture and Agri-Food Canada has a similar program for the farming industry — for information, visit, not-for-profit organizations, or charitable and religious organizations.

Up to a maximum of $500,000 for any one borrower is available, of which no more than $350,000 can be used for purchasing leasehold improvements or improving leased property and purchasing or improving new or used equipment.

Financial institutions deliver the program. The decision to grant a loan rests entirely with the financial institution.

Loans can be used for financing up to 90% of the cost of:

- purchasing or improving land, real property or immovables - purchasing new or existing leasehold improvements - purchasing or improving new or used equipment

The interest rate is determined by individual financial institutions. The interest rate may be variable or fixed:

Variable rate: The maximum chargeable is the lender's prime lending rate plus 3%.

Fixed rate: The maximum chargeable is the lender's single family residential mortgage rate plus 3%.

A registration fee of 2% of the total amount loaned under the program must also be paid by the borrower to the lender. It can be financed as part of the loan.

The registration fee and a portion of the interest are submitted to Industry Canada by the lender to help offset the costs of the program for the government.

Lenders are required to take security in the assets financed. Lenders also have the option to take an additional unsecured personal guarantee, which cannot exceed 25% of the total amount loaned.
Canadian Environmental Protection Act 1999 (Canada) Canada Environmental Regulations Yes Federal The Canadian Environmental Protection Act of 1999 (CEPA 1999) provides the legislative framework for Environment Canada, and outlines the provisions for the prevention and management of risks posed by toxic and other harmful substances.

The CEPA 1999 implements pollution prevention, procedures for the investigation and assessment of substances, and requirements with respect to substances that the Minister of the Environment and the Minister of Health have determined to be toxic or capable of becoming toxic, and provisions regarding animate products of biotechnology. The enactment also contains provisions respecting fuels, international air and water pollution, motor emissions, nutrients whose release into water can cause excessive growth of aquatic vegetation and environmental emergencies, provisions to regulate the environmental effects of government operations and to protect the environment on and in relation to federal land and aboriginal land, disposal of wastes and other matter at sea, and the export and import of wastes.

The enactment provides for the gathering of information for research and the creation of inventories of data, which are designed for publication, and for the development and publishing of objectives, guidelines and codes of practice.
Clean Electric Power Generation (Canada) Canada Grant Program
Industry Recruitment/Support
No Federal The Clean Electrical Power Generation (CEPG) SSA consists of research and development (R&D) and late-stage development and demonstration of technologies for promoting clean, reliable and efficient power generation, both centrally and distributed, including the production of energy from renewable sources and the integration of these resources into the grid. It addresses the reduction of GHG emissions and toxic pollutants from the production of energy from fossil fuels, including through the development of clean coal and carbon dioxide capture and storage technologies, and it provides support for Canada’s participation in the treaty of the Generation IV International Forum (GIF) to develop advanced nuclear based energy systems. The CEPG distributed more than $117 million (Canadian) of NRCan funding for the period from 2003-04 to 2008-09. The total estimated CEPG funding from all sources for this period was $250.5 million.
Climate Action Plan (New Brunswick, Canada) New Brunswick Climate Policies Yes State/Province This Climate Change Action Plan 2014–2020 builds and establishes 2020 and 2050 provincial GHG emissions reduction targets of 10 percent below 1990 levels by 2020 and 75 to 85 percent below 2001 levels by 2050. It is a long-term strategy achieved through key incremental actions, many described in the plan, while other actions will evolve during the next six years.

The plan includes actions in the following areas: Renewable Energy and Energy Efficiency; Transportation; Waste Reduction and Diversion; Industrial Sources; Government Leading by Example; Adaptation; and Partnerships and Communication.

The plan includes studies of the feasibility of constructing new small-scale hydroelectricity generation projects, the assessment and development of a range of renewable energy generation opportunities, such as biomass, solar, wind and tidal, and the implementation of a forest biomass policy.
Embedded Generation (New Brunswick, Canada) New Brunswick Performance-Based Incentive Yes Utility NB Power has seen an increase in the amount of companies and individuals who are interested in generating electricity using an environmentally sustainable energy source. As a result, NB Power has implemented an Embedded Generation program which complements their existing net metering program.

With the embedded generation program, potential developers, or Independent Power Producers (IPP), can connect their environmentally sustainable generation unit to NB Power's 12 kV distribution system. Typical embedded generators may include a landfill or a sawmill.

The embedded generation unit may range in size from 100 kW to 3,000 kW. However, certain areas of the distribution system are more limited than others therefore generation output may be limited or restricted in certain areas of the province. Size limitations are determined as part of the application process.

Unlike net metering, the embedded generator's energy output is not used to offset the customer's existing electricity consumption. Rather, NB Power would purchase the renewable energy and environmental attributes at a set price called a Feed-in tariff.

The Feed-in tariff is designed to make it easier for IPP's to sell their electricity to NB Power's distribution system at a fixed, stable price and under a long-term contract.

The Feed-in tariff effective June 1, 2010 is 9.728 cents per kWh. This is based on the cost of electricity supplied from the distribution system and will be reviewed periodically and may be modified according to changing technological, market conditions and annual rate increases. Modifications will apply only to future contracts, not to existing contracts already executed.
Energy Monitoring Act (Canada) Alberta
British Columbia
New Brunswick
Newfoundland and Labrador
Nova Scotia
Prince Edward Island
Environmental Regulations
Generation Disclosure
Yes State/Province This act requires that every energy enterprise file with the Minister a return setting out statistics and information relating to its ownership and control; financial information; information, including financial, about its exploration for, development, production, processing, refining and marketing of energy commodities; its energy commodity resources, reserves and properties; and its research and development programs. This law does not apply to corporations incorporated outside Canada. For oil and gas, dealer is required to file a return must also submit additional statistics, information and documentation that may be required by the Minister for any purpose.
Environmental Impact Assessment (New Brunswick, Canada) New Brunswick Environmental Regulations Yes State/Province Environmental Impact Assessment (EIA) is a process through which the environmental impacts potentially resulting from a proposed project are identified and assessed early in the planning process. EIA identifies steps that can be taken to avoid negative environmental impacts or reduce them to acceptable levels before they occur.

A phased Environmental Impact Assessment (EIA) process for oil and gas development has been implemented in New Brunswick. This phased approach allows review of work to begin much earlier during the project planning phase, but also allows certain types of exploration activities to be undertaken along with the EIA process.

Projects that must go through an EIA include:

- all commercial extraction or processing of a mineral as defined in the Mining Act;

- all electric power generating facilities with a production rating of three megawatts or more;

- all water reservoirs with a storage capacity of more than ten million cubic metres;

- all electric power transmission lines exceeding sixty-nine thousand volts in capacity or five kilometres in length;

- all commercial extraction or processing of combustible energy-yielding materials, except fuelwood;

- all offshore drilling for, or extraction of, oil, natural gas or minerals;

- all waste disposal facilities or systems

- all disposal, destruction, recycling, reprocessing or storage of waste that originates outside New Brunswick and all facilities or systems for the disposal, destruction, recycling, reprocessing or storage of such waste;

- all sewage disposal or sewage treatment facilities, other than domestic, on-site facilities;

- all projects involving the transfer of water between drainage basins;

- all waterworks with a capacity greater than fifty cubic metres of water daily;

- all enterprises, activities, projects, structures, works or programs affecting any unique, rare or endangered feature of the environment;

- all enterprises, activities, projects, structures, works or programs affecting two hectares or more of bog, marsh, swamp or other wetland;

- all facilities for the processing of radioactive materials.
Farm Credit Canada Energy Loan (Canada) Canada Loan Program Yes Non-Profit Farm Credit Canada is a private institution, and offers financing for environmental solutions that can help farmers make environmental upgrades to operations and switch to renewable energy resources.
Financial Assistance to Industry Program (New Brunswick, Canada) New Brunswick Loan Program Yes State/Province The purpose of the assistance is to provide adequate funding for capital expenditures and working capital to enable the establishment, expansion, or maintenance of eligible industries. The assistance may be provided in the form of a loan guarantee or direct loan.

A direct loan or loan guarantee can benefit a business seeking to start-up operations in New Brunswick or expand an existing facility by enabling it to increase its borrowing capacity. Applicants seeking a loan will be required to demonstrate through submission of a comprehensive Business Plan, that the project is viable, will contribute to the economic growth of New Brunswick and that the company has the financial capacity to repay its loan according to the Terms and Conditions and within the prescribed time period. Additionally, the applicant will be required to demonstrate that the required funding would not otherwise be available on reasonable terms and conditions.

A guarantee is made on a loan or a portion of a loan that is made to a business by a financial institution. The lending institution administers the loan and holds the security. Loan guarantees may generally be used for purposes of increasing working capital borrowing ability, but may also be used to secure term debt for working capital or capital expansion purposes.

Eligibility - Eligible industries include manufacturing and processing companies, selected commercial service firms (business to business with focus on export activity or import displacement), full-time tourism operations (consistent with the tourism strategy), and information technology companies (consistent with the information technology strategy). - The operation must be located in New Brunswick. - Applicant must be able to provide a satisfactory level of equity. - Applicant must have attempted to obtain the required financing from conventional sources such as banks or financial institutions.

- Applicant must be able to provide adequate security, normally in the form of a first fixed charge on real property, machinery and equipment or an assignment of inventory and accounts receivable.
Large Industrial Renewable Energy Purchase Program (New Brunswick, Canada) New Brunswick Performance-Based Incentive Yes State/Province Beginning January 1, 2012 the Large Industrial Renewable Energy Purchase Program allows NB Power to purchase renewable energy generated by its largest customers at a rate of $95/MWh. This renewable energy will count towards meeting the Province’s renewable energy targets at a purchase price at - or below - the current market price for most forms of renewable energy.

The underlying premise of the Large Industrial Renewable Energy Purchase Program is to bring electricity costs for qualifying export-oriented companies in New Brunswick in line with the average cost of electricity in provinces where those companies’ competitors are located.

The Large Industrial Renewable Energy Purchase Program is implemented in accordance with the provisions found in the Electricity from Renewable Resources Regulation – Electricity Act. The general requirements and parameters are set out in the Regulation but certain assumptions and methodologies are reserved for the Minister of Energy to determine.
National Energy Board Act Part VI (Oil and Gas) Regulations (Canada) Canada Environmental Regulations
Siting and Permitting
Yes Federal These regulations from the National Energy Board cover licensing for oil and gas, including the exportation and importation of natural gas. The regulations also cover inspections, reporting requirements, and purchase contracts.
National Energy Board Export and Import Reporting Regulations (Canada) Canada Generating Facility Rate-Making
Generation Disclosure
Siting and Permitting
Yes Federal These regulations of the Canadian National Energy Board are for the administration of importing and exporting energy, including natural gas and electricity.

For electricity, every holder of a license or permit for the exportation of electricity must submit to the Board, on or before the 15th day of each month, a return for the previous month that contains the quantities and dollar value, in Canadian currency, of electricity exported, by customer, by type (firm or interruptable) and by class of electricity transfer. If the exportation is 1,000 kW or less of power to each customer served, the returns may be submitted to the Board every six months.

Exporters of natural gas must submit a return of the total quantity exported, the highest quantity exported, the value or price, the name of the customer, the province in which the gas was produced, the cost of transportation, and other information.
Net Metering (New Brunswick, Canada) New Brunswick Net Metering Yes Utility The NB Power Net Metering program provides customers with the option to connect their own environmentally sustainable generation unit to NB Power's distribution system. The program allows customers to generate their own electricity to offset their consumption, while still remaining connected to NB Power's distribution system – so they can meet their electricity demands when their generation unit cannot.

In order to qualify for the program, the generation units must:

- meet NB Power technical requirements - not exceed 100 kW - come from renewable energy sources compatible with Environment Canada's Environmental Choice Program ( EcoLogo TM) standards such as alternative use, biogas, biomass, solar, small hydro or wind - use approved equipment – certified by an organization recognized in the Province of New Brunswick - have an Electrical Wiring Permit from a licensed electrician, and inspection and approval by the New Brunswick Department of Public Safety, Technical Inspection Services prior to connection

Note: For off-grid or stand-alone projects, contact New Brunswick Department of Public Safety, Technical Inspection Services .

A special type of meter or “net meter” is installed to replace your existing meter. This meter provides readings for both your electricity consumption from NB Power, and the excess electricity you send back to the NB Power distribution system. NB Power then bills you for the difference or ‘net' amount of electricity used. Credits cannot be carried forward beyond March of each year. At that time, any remaining credit not used will be reduced to zero.

A net metering agreement must be signed prior to the installation of the net meter.
Oil and Gas Environmental Review and Approval Processes (New Brunswick, Canada) New Brunswick Environmental Regulations Yes State/Province Oil and natural gas companies engaged in exploration, development and production in New Brunswick will be required by the Department of Environment to undergo a Phased Environmental Impact Assessment (EIA) process.

The process will identify potential environmental impacts at the early stages before a project is implemented so that negative environmental impacts can be avoided.

The Phased EIA review will begin prior to well pad construction and will include any and all technical aspects of the project. Public involvement and stakeholder engagement will commence at this stage.

Oil and natural gas companies are also required to obtain applicable Approvals to Construct and Operate which requires the following submissions for review and approval: - containment system plans - waste, and waste water management plans - water management plans - water testing (private wells around the potential site) - site rehabilitation plans - wetland and watercourse alteration permits - zoning requirements under the Community Planning Act - chemical storage and handling - background noise assessment

- quarterly environmental report to the Department
Qualifying RPS Market States (New Brunswick, Canada) Renewables Portfolio Standards and Goals Yes State/Province This entry lists the states with RPS policies that accept generation located in New Brunswick, Canada as eligible sources towards their Renewable Portfolio Standard targets or goals. For specific information with regard to eligible technologies or other restrictions which may vary by state, see the RPS policy entries for the individual states, shown below in the Authority listings. Typically energy must be delivered to an in-state utility or Load Serving Entity, and often only a portion of compliance targets may be met by out-of-state generation. In addition to geographic and energy delivery requirements, ownership, registry, and other requirements may apply, such as resource eligibility, generator vintage and capacity limitations, as well as limits on REC vintage. The listing applies to RPS Main Tiers only, and excludes solar or distributed generation that may require interconnection only within the RPS state. This assessment is based on energy delivery requirements and reasonable transmission availability. Acceptance of unbundled RECs varies. There may be additional sales opportunities in RPS states outside the Eastern Interconnection.
Renewable Portfolio Standard (New Brunswick, Canada) New Brunswick Renewables Portfolio Standards and Goals Yes State/Province NB Power currently sources 28 percent of its in-province electricity demand from wind, biomass and hydro resources. The Province will increase its commitment to pursue renewable energy by creating a new Renewable Portfolio Standard (RPS) requiring NB Power to ensure that, by 2020, 40 percent of its in-province electricity sales are provided from renewable energy. Renewable energy imports, including large-scale hydro from Quebec or

Newfoundland and Labrador, will be eligible to meet the new Renewable Portfolio Standard, subject to certain conditions.

Once the Point Lepreau Nuclear Generating Station is back online in 2012, another 35 percent of the provincial electricity supply will come from non-emitting nuclear energy. Therefore by 2020, 75 percent of New Brunswick’s electricity demand will be met by non-emitting or renewable sources.
Technology Adoption and Commercialization Program (New Brunswick, Canada) New Brunswick Grant Program
Loan Program
No State/Province The Technology Adoption and Commercialization Program (TAC) was intended to encourage the adoption of improved technologies and processes by offsetting some of the direct costs associated with identifying and securing such technologies and processes.

Projects receiving financial assistance must qualify under program criteria as follows:

Assistance to manufacturers, processors, information and communication technology, bio-science and first of its kind exportable services may be considered in other sectors in financial support of the technological innovation and pre-commercial product development needs. (NOTE: Priority will be given to those projects that fall under this department's Strategic Priorities: Advanced Learning, Bio-Science, Health, Energy and Aerospace/Defence/Security.)


- Assistance limited to up to 40% of eligible costs, to a maximum of $15,000. - Per diem of $100.00 per overnight for one person only in Canada up to three nights; $150.00, out of Canada, up to five nights; and $200.00 for overseas, up to five nights. - 20 cents per kilometer for use of own vehicle or rental vehicle.

Eligible projects:

- Specialized software and communications costs directly associated with the manufacturing, production process. - Software development costs associated with a project. - Patent and intellectual property research and protection costs. - Costs associated with the acquisition of specialized knowledge. - Specialized product and service testing to validate product market readiness. - E-Business enablement costs relating to training, software, consultation. - Risk sharing with Industry (Proponent), ACOA and/or IC in financing commercialisation of a new product or process. - Promote and encourage “First User Risk Reduction”. - Direct costs for conferences, technical shows, plant visits, etc., to obtain knowledge of competitive technologies, processes and products. - Lean initiatives, quality assurance programs and certification of products. - In-house technical training programs by a third party. - Strategic assets and services resulting in increased competitiveness.

- Projects associated with productivity improvement initiatives.
EcoAgriculture Biofuels Capital Initiative (ecoABC) (Canada) Canada Grant Program No Federal The ecoABC Initiative was a federal $200 million four-year program ending on March 31, 2011 that provided repayable contributions for the construction or expansion of transportation biofuel production facilities. Funding was conditional upon agricultural producer investment in the biofuel projects, and the use of agricultural feedstock to produce the biofuel.