Notice of Impact Assessment Decision with Reasons

Ottawa — May 6, 2025 — The Impact Assessment Agency of Canada (IAAC) has decided that an impact assessment is not required for the Sussex Region Flood Diversion Project (the project) proposed by the Town of Sussex (the proponent), located in New Brunswick.

In accordance with subsection 16(2) of the Impact Assessment Act (IAA), IAAC considered each of the following factors:

• the Initial Project Description and the Response to the Summary of Issues, as submitted by the proponent pursuant to sections 10 and 15 of the IAA;
• the adverse effects within federal jurisdiction, or the direct or incidental adverse effects, that may be caused by the carrying out of the project;
• adverse impacts that the project may have on the rights of Indigenous Peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
• comments received by IAAC from the public, Indigenous Peoples of Canada, federal authorities, and other jurisdictions in relation to the project, as reflected in the Summary of Issues;
• any relevant assessment referred to in section 92, 93 or 95 of the IAA; and
• whether a means other than an impact assessment exists that would permit a jurisdiction to address the adverse effects within federal jurisdiction, and the direct or incidental adverse effects, that may be caused by the carrying out of the project.

In light of the factors considered, IAAC is of the view that the potential adverse effects within federal jurisdiction or direct or incidental adverse effects caused by the project, and impacts on the rights of Indigenous Peoples, would be limited or addressed through existing federal and provincial legislative and regulatory frameworks and do not warrant an impact assessment under the IAA. This includes but is not limited to the Fisheries Act, Migratory Birds Convention Act, 1994, Species at Risk Act, the New Brunswick Clean Environment Act, and the Watercourse and Wetland Alteration Permit under the New Brunswick Clean Water Act.

As a result, IAAC decided that an impact assessment under the IAA is not required for the project.

For further information on this impact assessment, please contact information@iaac-aeic.gc.ca.