New Brunswick environmental legislation

The province of New Brunswick has created and implemented various Acts, such as the Clean Environment Act, Clean Air Act, and the Clean Water Act, throughout history to ensure that the environment is considered and protected throughout various project. These acts describe the process that will be undertaken to assess the impact of projects, and the steps to be taken when certain situations arise.

On a general scale, environmental acts are enacted by the Minister of Environment and require anyone who is disposing a contaminant to first receive approval from the Minister. These Acts give the Minister the power to control and/or stop the disposal of contaminants, and the ability to enforce laws that require individual to clean up contaminated site. Within these acts are the regulations on how to apply and receive approval. Within each act, there are various smaller acts that are directed at specific aspects of the environment or how to deal with specific contaminants. In total, within this legislative framework there are seven statues and 19 regulations.

Within the Clean Environment Act, the Clean Air Act, and the Clean Water Act, there exists an Appeal Regulation that allows an individual to appeal the Minister's decision within 15 days of the initial judgement. The appealant must submit to the Minister a document outlining the reasons for the appeal and any supporting documents within 30 days of making the appeal.

The Clean Environment Act contains many regulations that are centred on dealing with materials and actions that can contaminate the physical environment. It includes above and below surface level.

New Brunswick’s Environmental Impact Assessment Regulation 87-83 was established in 1987. The Minister of the Department of the Environment and local government are responsible for overseeing it and it falls under the Clean Environment Act. Implementation of the regulation is the responsibility of the Project Assessment Branch.

All proposed projects that meet the criteria listed in Schedule A (below) must undergo a determination review. The purpose of a determination review is to evaluate and determine the environmental issues and concerns associated with the proposed project.

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