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Regulation number	Title
C-6.1	Clean Water Act

Under subsection 14(1) of the Clean Water Act, the Minister, with the approval of the Lieutenant-Governor in Council, makes the following Designation Order:

This Order may be cited as the Wellfield Protected Area Designation Order - Clean Water Act.

All of those ground water recharge areas or portions of ground water recharge areas shown as a Zone A, a Zone B or a Zone C on a plan attached as Schedule A, Schedule A.01, Schedule A.1, Schedule A.2, Schedule A.2.1, Schedule A.3, Schedule A.4, Schedule A.5, Schedule A.6, Schedule A.7, Schedule A.8, Schedule A.9, Schedule A.10, Schedule A.11, Schedule A.12, Schedule A.13, Schedule A.14, Schedule A.15, Schedule A.16, Schedule A.17, Schedule A.18, Schedule A.19, Schedule A.20, Schedule A.20.1, Schedule A.20.2, Schedule A.21, Schedule A.22, Schedule A.23, Schedule A.24, Schedule A.25, Schedule A.26, Schedule A.27, Schedule A.28, Schedule A.28.1, Schedule A.29, Schedule A.30, Schedule A.31.1, Schedule A.31.2, Schedule A.31.3, Schedule A.31.4, Schedule A.31.5, Schedule A.32, Schedule A.33, Schedule A.33.1, Schedule A.34.1, Schedule A.34.2, Schedule A.34.3, Schedule A.35, Schedule A.36, Schedule A.37, Schedule A.38, Schedule A.39, Schedule A.40, Schedule A.41, Schedule A.42, Schedule A.43, Schedule A.44, Schedule A.45, Schedule A.46, Schedule A.46.1 and Schedule A.47, being ground water recharge areas or portions of ground water recharge areas that are used as sources of water for a public ground water supply system, are designated as protected areas.

The requirements set out in the attached schedules B and C are imposed in relation to each protected area shown as a Zone A, a Zone B or a Zone C on the attached plans.

2001-37; 2002-50; 2002-93; 2003-75; 2004-38; 2004-143; 2005-112; 2006-11; 2007-69; 2008-69; 2010-125; 2012-4; 2013-70; 2014-80; 2016-34; 2023-16

This Order comes into force on October 1, 2000.

Index of Plans of Protected Areas
Schedule		Protected Area
Schedule A		Village of Doaktown
Schedule A.01		Village of Doaktown
Schedule A.1		District of Tobique Valley
Schedule A.2		Shippagan
Schedule A.2.1		Île-de-Lamèque
Schedule A.3		Campbellton
Schedule A.4		Fundy Albert
Schedule A.5		Fundy Albert
Schedule A.6		Village of McAdam
Schedule A.7		Beaurivage
Schedule A.8		Heron Bay
Schedule A.9		Vallée-des-Rivières
Schedule A.10		Grand Falls
Schedule A.11		Vallée-des-Rivières
Schedule A.12		District of Carleton North
Schedule A.13		Champdoré
Schedule A.14		Strait Shores
Schedule A.15		Regional Community of Southern Victoria
Schedule A.16		Moncton
Schedule A.17		Tantramar
Schedule A.18		Bois-Joli
Schedule A.19		Rothesay
Schedule A.20		Caraquet
Schedule A.20.1		Caraquet
Schedule A.20.2		Caraquet
Schedule A.21		The City of Fredericton
Schedule A.22		Grand Falls
Schedule A.23		Haut-Madawaska
Schedule A.24		New Maryland
Schedule A.25		Sussex
Schedule A.26		Kedgwick
Schedule A.27		Shediac
Schedule A.28		Memramcook
Schedule A.28.1		Memramcook
Schedule A.29		Municipal District of St. Stephen
Schedule A.30		Fundy Albert
Schedule A.31.1		Miramichi
Schedule A.31.2		Miramichi
Schedule A.31.3		Miramichi
Schedule A.31.4		Miramichi
Schedule A.31.5		Miramichi
Schedule A.32		Eastern Charlotte
Schedule A.33		Tracadie
Schedule A.33.1		Tracadie
Schedule A.34.1		Edmundston
Schedule A.34.2		Edmundston
Schedule A.34.3		Edmundston
Schedule A.35		Grand Falls
Schedule A.36		Woodstock
Schedule A.37		Kings rural district
Schedule A.38		Nackawic-Millville
Schedule A.39		The City of Saint John
Schedule A.40		Beaurivage
Schedule A.41		Village of Fredericton Junction
Schedule A.42		Grand-Bouctouche
Schedule A.43		Haut-Madawaska
Schedule A.44		Tantramar
Schedule A.45		Hartland
Schedule A.46		Quispamsis
Schedule A.46.1		Quispamsis
Schedule A.47		Haut-Madawaska

SCHEDULE A.01

2016-34; 2024-30

SCHEDULE A.1

2001-37; 2024-30

SCHEDULE A.2

2001-37; 2024-30

SCHEDULE A.2.1

2023-16

SCHEDULE A.3

2001-37; 2024-30

SCHEDULE A.4

2002-50; 2024-30

SCHEDULE A.5

2002-93; 2014-80; 2024-30

SCHEDULE A.6

2002-93; 2024-30

SCHEDULE A.7

2002-93; 2016-34; 2024-30

SCHEDULE A.8

2003-75; 2024-30

SCHEDULE A.9

2003-75; 2024-30

SCHEDULE A.10

2003-75; 2024-30

SCHEDULE A.11

2004-38; 2024-30

SCHEDULE A.12

2004-38; 2024-30

SCHEDULE A.13

2004-38; 2024-30

SCHEDULE A.14

2004-38; 2014-63; 2024-30

SCHEDULE A.15

2004-38; 2024-30

SCHEDULE A.16

2004-38; 2024-30

SCHEDULE A.17

2004-143; 2016-34; 2024-30

SCHEDULE A.18

2004-143; 2024-30

SCHEDULE A.19

2005-112; 2024-30

SCHEDULE A.20

2005-112; 2024-30

SCHEDULE A.20.1

2016-34; 2024-30

SCHEDULE A.20.2

2016-34; 2024-30

SCHEDULE A.21

2006-11; 2024-30

SCHEDULE A.22

2007-69; 2024-30

SCHEDULE A.23

2007-69; 2018-32; 2024-30

SCHEDULE A.24

2007-69; 2024-30

SCHEDULE A.25

2007-69; 2024-30

SCHEDULE A.26

2007-69; 2013-34; 2024-30

SCHEDULE A.27

2007-69; 2024-30

SCHEDULE A.28

2007-69; 2024-30

SCHEDULE A.28.1

2023-16

SCHEDULE A.29

2007-69; 2024-30

SCHEDULE A.30

2008-69; 2024-30

SCHEDULE A.31

Repealed: 2012-4

2008-69; 2012-4

SCHEDULE A.31.1

2012-4; 2024-30

SCHEDULE A.31.2

2012-4; 2024-30

SCHEDULE A.31.3

2013-70; 2024-30

SCHEDULE A.31.4

2014-80; 2024-30

SCHEDULE A.31.5

2023-16

SCHEDULE A.32

2008-69; 2014-80; 2024-30

SCHEDULE A.33

2008-69; 2014-39; 2015-27; 2024-30

SCHEDULE A.33.1

2013-70; 2014-39; 2015-27; 2024-30

SCHEDULE A.34.1

2010-125; 2024-30

SCHEDULE A.34.2

2010-125; 2024-30

SCHEDULE A.34.3

2023-16

SCHEDULE A.35

2010-125; 2024-30

SCHEDULE A.36

2010-125; 2024-30

SCHEDULE A.37

2012-4; 2024-30

SCHEDULE A.38

2012-4; 2024-30

SCHEDULE A.39

2013-70; 2024-30

SCHEDULE A.40

2014-80; 2024-30

SCHEDULE A.41

2014-80; 2024-30

SCHEDULE A.42

2016-34; 2024-30

SCHEDULE A.43

2016-34; 2018-32; 2024-30

SCHEDULE A.44

2016-34; 2024-30

SCHEDULE A.45

2016-34; 2024-30

SCHEDULE A.46

2016-34; 2024-30

SCHEDULE A.46.1

2016-34; 2024-30

SCHEDULE A.47

2016-34; 2018-32; 2024-30

SCHEDULE B

Outline of Schedule B

Definitions..............1(1)

Act — Loi

agricultural activity — activité agricole

chemical — produit chimique

commercial activity — activité commerciale

dense, non-aqueous phase liquid — liquide dense en phase non
aqueuse

distribution system — réseau de distribution

dwelling — habitation

dwelling unit — logement

existing — existant

forested parcel — parcelle boisée

heat pump — thermopompe

industrial activity — activité industrielle

institutional activity — activité institutionnelle

liquid petroleum product — produit pétrolier sous forme liquide

liquid petroleum storage tank — réservoir de stockage de pétrole
sous forme liquide

mineral exploration — exploration minière

multiple-family dwelling — habitation multifamiliale

new — nouveau

non-forested parcel — parcelle non boisée

parcel — parcelle

production well — puits de production

public ground water supply system — installation
d’approvisionnement public en eaux souterraines

public utility system — système de service public

recreational activity — activité de loisir et de sport

renovate — rénover

residential — résidentiel

road — chemin

single-family dwelling — habitation unifamiliale

useable floor area — surface de plancher utilisable

well head — tête de puits

zone — zone

Zone A — zone A

Zone B — zone B

Zone C — zone C

Definition..............1(2)

public water supply system — installation d’approvisionnement
public en eau

Prohibitions..............2

Permitted activities, things and uses..............3

General conditions..............4

Activities, things and uses permitted in a Zone A, Zone B or
Zone C..............5

Activities, things and uses permitted in a Zone B or Zone C..............6

Activities, things and uses permitted in a Zone C..............7

Use of dense, non-aqueous phase liquids..............8

Temporary passage..............9

Fertilizer management strategy..............9.1

Consequential amendments..............10

Schedule C

Definitions

1(1)In this Schedule

“Act” means the Clean Water Act;(Loi)

“agricultural activity” means an activity in which land is used for producing crops or raising livestock and includes the operation of a plant nursery, greenhouse, riding school, riding stable, commercial dog kennel or sod farm;(activité agricole)

“chemical” means a substance obtained by chemistry or used in a process in chemistry, which, if released into the environment, could render water unfit for human consumption;(produit chimique)

“commercial activity” means an activity in which land or a building or structure is used for the purpose of buying and selling goods or selling services;(activité commerciale)

“dense, non-aqueous phase liquid” means a liquid that has a density greater than that of water and that cannot be mixed with water;(liquide dense en phase non aqueuse)

“distribution system” means works that convey or are able to convey water from the source to the users of the water and includes the well, the well house, pipes, human-made storage reservoirs, pumping stations, fire hydrants, service connections and associated valves;(réseau de distribution)

“dwelling” means all or a portion of the principal building on a parcel that contains one or more dwelling units;(habitation)

“dwelling unit” means a room, or a suite of 2 or more rooms, that is designed or intended for use by an individual or family, in which culinary facilities are provided and for which sanitary conveniences are provided, for the use primarily of the individual or family;(logement)

“existing” means, when used with reference to land or a building, structure or object in a zone, in existence when the Order to which this Schedule is attached commences to apply to that zone, and means, when used with reference to a use or activity in a zone, being conducted when the Order to which this Schedule is attached commences to apply to that zone;(existant)

“forested parcel” means a parcel or portion of a parcel on which is located, in the opinion of the Minister, a plant community composed principally of trees, combined with associated vegetation, growing closely together;(parcelle boisée)

“heat pump” means equipment that removes natural heat from the earth and converts it for use in heating air or water in a building;(thermopompe)

“industrial activity” means an activity in which land or a building or structure is used for the production of goods, whether or not the goods are sold at the location where they are produced, and, without limiting the generality of the foregoing, includes a sawmill operation and a lumber yard;(activité industrielle)

“institutional activity” means an activity in which land or a building or structure is used for the purpose of religious worship, or for the purpose of a school, a hospital, a government office or another established organization dedicated to public service;(activité institutionnelle)

“liquid petroleum product” means a mixture of hydrocarbons, with or without additives, that is used or could be used as a fuel or lubricant and, without restricting the foregoing, includes gasoline, diesel fuel, jet fuel, kerosene, naphtha, fuel oil and engine oil and excludes propane and natural gas;(produit pétrolier sous forme liquide)

“liquid petroleum storage tank” includes all valves, pipes and other components connected to a liquid petroleum storage tank;(réservoir de stockage de pétrole sous forme liquide)

“mineral exploration” means original exploration and development work, including the following:(exploration minière)

(a) establishing grid lines;

(b) general prospecting;

(c) geological, geophysical and geochemical surveying;

(d) drilling where core or cuttings are taken and logged or analyzed;

(e) trenching where the ore body is exposed but no bulk sample is taken;

(f) geophysical logging of drill holes;

(g) logging of drill core or cuttings; and

(h) boundary or control surveys and topographic mapping;

(i) Repealed: 2004-131

“multiple-family dwelling” means a dwelling containing more than one dwelling unit;(habitation multifamiliale)

“new” means, in relation to anything within a zone, coming into existence or commencing after the Order to which this Schedule is attached commences to apply to that zone;(nouveau)

“non-forested parcel” means a parcel that is not a forested parcel;(parcelle non boisée)

“parcel” means a parcel of land to which Service New Brunswick has assigned one parcel identifier;(parcelle)

“production well” means a well, other than a monitoring well, from which a public water supply is drawn;(puits de production)

“public ground water supply system” means a public water supply system that uses ground water as a water source;(installation d’approvisionnement public en eaux souterraines)

“public utility system” means a system that, regardless of the owner of the system,(système de service public)

(a) produces, transmits, delivers or furnishes heat, light, water, gas or power to or for use by the public,

(b) collects, treats and disposes of wastewater for the public,

(c) collects and treats storm water runoff for the public, or

(d) conveys telecommunications to or for use by the public;

“recreational activity” means an activity in which land or a building or structure is used for the purpose of play or the refreshment of mind or body;(activité de loisir et de sport)

“renovate” , with reference to a building, means to restore to good condition or to repair;(rénover)

“residential” , with reference to land or a building, means used primarily as a residence;(résidentiel)

“road” means the entire width between the boundary lines of every highway, street, road, lane, alley, park, parking lot, drive-in theatre, school yard, picnic site, beach, winter road across ice or other place when any part of them is used for the passage or parking of vehicles, and includes the bridges, curbs, sidewalks and gutters on a road, overpasses and underpasses;(chemin)

“single-family dwelling” means a dwelling containing only one dwelling unit;(habitation unifamiliale)

“useable floor area” means the floor area within a dwelling that is being or can be used for human inhabitation, including but not limited to living rooms, kitchens, hallways, closets, bathrooms, washrooms, bedrooms, offices, basements, porches and stairways, but not including crawl spaces, decks and garages;(surface de plancher utilisable)

“well head” means the top of a well casing projecting above the earth’s surface or, in respect of a well casing ending below the earth’s surface, means the location where such a well casing would pass through the earth’s surface if projected above it and includes the reservoirs that collect and contain the water for the public ground water supply system for the Village of Doaktown, Fundy Albert and Memramcook;(tête de puits)

“zone” means a Zone A, a Zone B or a Zone C;(zone)

“Zone A” means any area shown as a Zone A on any plan attached with this Schedule;(zone A)

“Zone B” means any area shown as a Zone B on any plan attached with this Schedule;(zone B)

“Zone C” means any area shown as a Zone C on any plan attached with this Schedule.(zone C)

2007-69; 2024-30

Definition

1(2)In the Act and this Schedule

“public water supply system” means a water supply system that is operated by arrangement with a local government or the Crown in right of the Province, for the purpose of conveying any water for use by members of the public, regardless of the owner of the system.(installation d’approvisionnement public en eau)

2001-37; 2004-131; 2017, c.20, s.27

Prohibitions

2(1)Any activity, thing or use that is not permitted under this Schedule in a zone is prohibited in the zone.

2(2)Notwithstanding any other provision of this Schedule but without limiting subsection (1), no person shall

(a) use a ground source heat pump in any zone, or

(b) construct an elevator in any zone that uses liquid petroleum products.

2004-131

Permitted activities, things and uses

3(1)Every activity, thing or use that is permitted under this Schedule in a Zone A is permitted in a Zone B or a Zone C and every activity, thing or use that is permitted under this Schedule in a Zone B is permitted in a Zone C.

3(2)A condition that applies under this Schedule to an activity, thing or use in a Zone A applies to that activity, thing or use in a Zone B and a Zone C unless otherwise indicated, and a condition that applies under this Schedule to an activity, thing or use in a Zone B applies to that activity, thing or use in a Zone C unless otherwise indicated.

General conditions

4(1)Notwithstanding any other provision of this Schedule, every activity, thing or use permitted under this Schedule is permitted subject to the condition that it

(a) shall not cause the release of any contaminant into the ground or aquifer,

(b) shall not adversely affect the quantity or quality of the water in, or otherwise create an interference with or a nuisance to the operation of, a public ground water supply system, and

(c) is in conformity with all applicable federal, provincial and local government statutes, regulations, orders and by-laws.

4(2)If a provision of an order or another regulation made under the Act applies to an activity, thing or use to which a provision of this Schedule applies,

(a) the activity, thing or use shall be in conformity with both provisions, and

(b) where a conflict exists between the provisions, the provision or portions of a provision that impose or establish the more stringent or restrictive prohibition, control, requirement, limitation, allocation, term, condition or standard shall prevail.

4(3)If an activity, thing or use is prohibited in, on or under any air, any area of land or any water by a provision of this Schedule, but is permitted in any manner by a provision of an order or another regulation made under the Act in relation to the same air, area of land or water, the provision of this Schedule shall prevail.

2017, c.20, s.27

Activities, things and uses permitted in a Zone A, Zone B or Zone C

5Subject to the other provisions of this Schedule, a person may do any or any combination of the following in any Zone A, Zone B or Zone C:

(a) construct, operate or maintain a public ground water supply system and associated conveyance works and distribution systems;

(b) construct roads for access to a pump house and for the prudent operation of a public ground water supply system, subject to the condition that associated ditches shall be constructed so that surface water flows away from all well heads in all zones and, if practicable, flows outside all zones;

(c) construct an electrical transmission or distribution line necessary for the prudent operation of a public ground water supply system, subject to the following conditions:

(i) any wooden poles installed within 30 metres of a production well in a Zone A after the commencement of the Order to which this Schedule is attached shall be untreated;

(ii) no sub-stations, terminal stations or transformers shall be located or constructed in a Zone A; and

(iii) no vegetation control using chemicals may be carried out in relation to the construction;

(c.1) use, maintain or repair an existing well, other than a well associated with a public ground water supply system, subject to the condition that the well be used, maintained or repaired in accordance with the Act and its regulations;

(c.2) extract ground water from the ground, other than from a public ground water supply system, at a rate not exceeding 4500 litres per parcel per day, if the person can demonstrate to the satisfaction of the Minister that the extraction does not diminish the quantity and quality of water in any local government’s well;

(c.3) subject to paragraph (d), use, maintain or repair existing equipment or facilities associated with the operation of a public utility system;

(d) use, maintain or repair existing electrical transmission or distribution lines, including existing sub-stations, terminal stations or transformers, subject to the following conditions:

(i) any wooden poles installed within 30 metres of a production well in a Zone A after the commencement of the Order to which this Schedule is attached shall be untreated;

(ii) no vegetation control using chemicals may be carried out in relation to the use, maintenance or repair; and

(iii) subparagraph (ii) does not apply to existing sub-stations, terminal stations or transformers;

(e) undertake surveying;

(f) remove dead and blown-down trees in a forested parcel;

(f.1) cut trees in a forested parcel for the purpose of protecting the parcel from insects or disease, if the Minister approves the activity and such approval shall only be given if the Minister is satisfied that the activity will not harm the water supply;

(g) cut trees and other vegetation in a non-forested parcel;

(h) have possession of or store liquid petroleum products that, at any one time do not exceed 25 litres in total volume, per parcel, not including a liquid petroleum product contained in the fuel storage tank of a motor vehicle or a separator permitted under paragraph (i.1), subject to the condition that products that are possessed or stored on a parcel for the purpose of providing heat or power to a building or other structure shall only be used to provide heat or power to a building or structure situated on that parcel;

(i) install one or more new liquid petroleum storage tanks having a maximum total capacity per parcel of 25 litres, subject to the condition that a tank installed on a parcel for the purpose of storing liquid petroleum products that are to be used to provide heat or power to a building or other structure shall only store liquid petroleum products that are to be used to provide heat or power to a building or structure situated on that parcel;

(i.1) install and use a separator if required to do so under section 96 of New Brunswick Regulation 87-97 under the Clean Environment Act;

(j) subject to paragraph (k), have possession of or store pesticides that, per parcel, at any one time do not exceed 10 litres in total volume, or 10 kilograms in total weight, whichever is the lesser;

(k) apply pesticides in amounts and in concentrations not exceeding those recommended by the manufacturer, subject to the following conditions:

(i) waste pesticides and waste pesticide containers shall be disposed of outside any zone;

(ii) equipment used to apply pesticides for agricultural, commercial, institutional or industrial purposes shall be stored, cleaned and maintained outside any Zone A; and

(iii) any person applying a non-domestic pesticide, as defined in New Brunswick Regulation 96-126 under the Pesticides Control Act, for the purpose of an agricultural, commercial, institutional or industrial activity shall be the holder of any certificate or permit required for such application under that Regulation and shall apply the pesticide in accordance with that Regulation;

(l) have possession of or store fertilizers, other than animal manure, that per parcel, at any one time do not exceed 75 litres in total volume, or 75 kilograms in total weight, whichever is the lesser, if the fertilizers are not possessed or stored in relation to an agricultural activity;

(m) apply fertilizers between April 1 and October 31, other than animal manure, at a rate not exceeding 75 litres in total volume per hectare per year, or 75 kilograms in total weight per hectare per year, whichever is the lesser, if the fertilizers are not applied in relation to an agricultural activity;

(n) subject to section 8, have possession of, store or use any chemical or chemicals not referred to in paragraphs (h) to (m) in quantities that, per parcel, at any one time do not exceed the maximum allowable quantities of the chemical or chemicals in a Zone A, as listed in Schedule C;

(o) carry out an existing agricultural activity and use, maintain, renovate or rebuild existing agricultural buildings and structures, subject to the following conditions:

(i) agricultural practices shall be such as to ensure that surface water flows away from all well heads in the zone and, if practicable, flows outside all zones;

(ii) no livestock shall be kept, stabled or permitted to graze in a Zone A;

(iii) no liquid animal manure, dry animal manure or other composted materials that are sources of pathogens shall be spread or stored in a Zone A; and

(iv) roads may be constructed as required for access to agricultural lands and for transporting equipment, supplies and products, subject to the condition that associated ditches shall be constructed so that surface water flows away from all well heads in all zones and, if practicable, flows outside all zones;

(o.1) have possession of, store or apply fertilizers in relation to an agricultural activity subject to the condition that the person follow a fertilizer management strategy that

(i) complies with section 9.1,

(ii) has been developed and signed by an agrologist registered to practice agrology under the Agrologists’ Profession Act, 2004, and

(iii) has been approved by the Minister;

(p) Repealed: 2004-131

(q) use, maintain, renovate or rebuild any existing single-family or multiple-family dwelling having an on-site septic system that meets the standards set out in the On-site Sewage Disposal System Regulation – Public Health Act, and any existing accessory building, and repair or replace any existing septic systems, subject to the following conditions:

(i) the useable floor area of the dwelling shall not be increased; and

(ii) if such a dwelling is damaged, demolished or destroyed, it may be rebuilt in any location that is not closer to a production well than the previous dwelling was, if the useable floor area of the rebuilt dwelling is not greater than that of the dwelling that was damaged, demolished or destroyed, and if no additional buildings, other than an accessory garage, are built;

(r) construct, use, maintain, renovate or rebuild a single-family or multiple-family dwelling, and any accessory building, subject to the following conditions:

(i) the dwelling shall be serviced with existing sanitary sewers located in Zone A; and

(ii) all other wastes shall be disposed of outside all zones;

(s) use, maintain or renovate an existing building that is used for a commercial, institutional or industrial activity, subject to the following conditions:

(i) the building shall be serviced with existing sanitary sewers; and

(ii) all other wastes shall be disposed of outside all zones;

(t) use, maintain or repair roads as necessary for orderly development, subject to the condition that associated ditches shall be constructed so that surface water flows away from all well heads in all zones and, if practicable, flows outside all zones;

(u) store road salt in an amount not exceeding 50 kilograms per parcel;

(v) carry out law enforcement and emergency responses for the purposes of protecting public safety, public health, the general welfare of the public and natural resources;

(w) engage in recreational activities;

(w.1) use, maintain or repair an existing facility used for recreational activities, including a swimming pool, park, playground, golf course, ball field, tennis court, basketball court, hiking trail or skating rink;

(w.2) undertake routine gardening and lawn maintenance;

(w.3) construct, maintain and repair fencing;

(x) store and use propane gas; and

(y) construct, use, maintain and repair a natural gas pipeline.

2004-131; 2017, c.20, s.27; 2017, c.42, s.76

Activities, things and uses permitted in a Zone B or Zone C

6(1)Subject to subsection (2) and the other provisions of this Schedule, in addition to anything permitted under section 5, a person may do any or any combination of the following in any Zone B or Zone C:

(a) extract ground water from the ground, other than from a public ground water supply system, at a rate not exceeding 9000 litres per parcel per day, if the person can demonstrate to the satisfaction of the Minister that the extraction does not diminish the quantity and quality of water in any local government’s well;

(a.1) drill, dig, use, maintain or repair a well, other than a well associated with a public ground water supply system, subject to the condition that the well be drilled, dug, used, maintained or repaired in accordance with the Act and its regulations;

(a.2) subject to paragraphs (b) and (b.1), construct, install, renovate or make additions to equipment or facilities associated with the operation of a public utility system;

(b) use, maintain, repair or construct electrical transmission or distribution lines, excluding sub-stations, terminal stations or transformers, if no vegetation control using chemicals is carried out in relation to the use, maintenance, repair or construction;

(b.1) use, maintain, repair or construct electrical sub-stations, terminal stations or transformers;

(c) have possession of or store liquid petroleum products that in total volume do not at any one time exceed 1200 litres per parcel, not including a liquid petroleum product contained in the fuel storage tank of a motor vehicle or a separator permitted under paragraph 5(i.1), subject to the following conditions:

(i) the products are possessed and stored in a liquid petroleum storage tank or tanks that meet the requirements of paragraph (d); and

(ii) products that are possessed or stored on a parcel for the purpose of providing heat or power to a building or other structure shall only be used to provide heat or power to a building or structure situated on that parcel;

(d) install a new liquid petroleum storage tank or tanks and maintain, use, cease to use, remove and otherwise handle existing or new liquid petroleum storage tanks, having a maximum total capacity per parcel of 1200 litres, subject to the following conditions:

(i) if a tank has a maximum total capacity that exceeds 75 litres, it is equipped with a secondary containment system that

(A) is designed to contain the liquid petroleum product without leakage if the first containment system fails, and

(B) meets the standards established by the Minister; and

(ii) that a tank installed on a parcel for the purpose of storing liquid petroleum products that are to be used to provide heat or power to a building or other structure shall only store liquid petroleum products that are to be used to provide heat or power to a building or structure situated on that parcel;

(e) have possession of or store pesticides that, per parcel, at any one time do not exceed 15 litres in total volume, or 15 kilograms in total weight, whichever is the lesser;

(f) Repealed: 2004-131

(g) Repealed: 2004-131

(h) subject to section 8, have possession of, store or use any chemical or chemicals not referred to in paragraphs (c) to (e) in quantities that, per parcel, at any one time do not exceed the maximum allowable quantities of the chemical or chemicals in a Zone B, as listed in Schedule C;

(i) subject to subparagraphs 5(o)(i) and (iv), carry out an existing agricultural activity, use, maintain, renovate, make additions to or rebuild associated agricultural buildings and structures and spread animal manure as a part of the agricultural activity, subject to the following conditions:

(i) livestock may be kept, stabled or grazed, but land used for livestock grazing shall be fenced so that livestock cannot enter a Zone A;

(ii) if surface waters flow from lands used for livestock grazing into a Zone A from a Zone B or Zone C, livestock shall be restricted by means of suitable fencing or other effective and appropriate means from entering the area within 30 metres of such waters;

(iii) liquid animal manure or dry animal manure shall be stored in a clay-lined pit, a steel or concrete tank or a structure constructed of another material considered appropriate by the Minister, if the pit, tank or structure has been approved for that purpose by a professional engineer licensed to practise in the Province; and

(iv) animal manure produced in the agricultural activity and not spread in a zone shall be disposed of outside all zones;

(j) construct, use, maintain, renovate, make additions to or rebuild a new single-family or multiple-family dwelling and any accessory building, subject to the condition that the dwelling shall have an on-site septic system that meets the standards set out in the On-site Sewage Disposal System Regulation – Public Health Act, or be serviced with sanitary sewers;

(k) construct, use, maintain, renovate, make additions to or rebuild a building used for a commercial, institutional or industrial activity, subject to the following conditions:

(i) the building shall be serviced with sanitary sewers; and

(ii) all other wastes shall be disposed of outside all zones;

(l) cut trees in a forested parcel

(i) subject to the following conditions:

(A) only trees having stems at least 10 centimetres in diameter when measured at 1.36 metres above the ground may be cut;

(B) no more than one-third of the total trees that may be cut under clause (A) on the parcel shall be cut in any 10 year period;

(C) the cutting shall leave no opening in the forest canopy greater than 300 square metres in area; and

(D) a well distributed stand of trees and other vegetation shall be maintained; or

(ii) if the Minister approves the activity and such approval shall only be given if the Minister is satisfied that the activity will not harm the water supply;

(m) construct, use, maintain or repair roads as necessary for orderly development, subject to the condition that associated ditches shall be constructed so that surface water flows away from all well heads in all zones and, if practicable, flows outside all zones; and

(n) construct, use, maintain or repair a new facility used for recreational activities, including a swimming pool, park, playground, ball field, tennis court, basketball court, hiking trail or skating rink, but not including a golf course.

6(2)Total capacities, volumes, weights or quantities of chemicals or other substances permitted in a zone under this section include any total capacities, volumes, weights or quantities of those chemicals or other substances permitted in that zone under section 5.

2004-131; 2017, c.20, s.27; 2017, c.42, s.76; 2024-13

Activities, things and uses permitted in a Zone C

7(1)Subject to subsection (2) and the other provisions of this Schedule, in addition to anything permitted under section 5 or 6, a person may do any or any combination of the following in any Zone C:

(a) have possession of or store liquid petroleum products that at any one time do not exceed 2000 litres in total volume, per parcel, not including a liquid petroleum product contained in the fuel storage tank of a motor vehicle or a separator permitted under paragraph 5(i.1), subject to the condition that products that are possessed or stored on a parcel for the purpose of providing heat or power to a building or other structure shall only be used to provide heat or power to a building or structure situated on that parcel;

(b) install a new liquid petroleum storage tank or tanks having a maximum total capacity per parcel of 2000 litres, subject to the condition that a tank installed on a parcel for the purpose of storing liquid petroleum products that are to be used to provide heat or power to a building or other structure shall only store liquid petroleum products that are to be used to provide heat or power to a building or structure situated on that parcel;

(c) have possession of or store pesticides that, per parcel, at any one time do not exceed 50 litres in total volume, or 50 kilograms in total weight, whichever is the lesser;

(d) Repealed: 2004-131

(e) Repealed: 2004-131

(f) subject to section 8, have possession of, store or use any chemical or chemicals not referred to in paragraphs (a) to (c) in quantities that, per parcel, at any one time do not exceed the maximum allowable quantities of the chemical or chemicals in a Zone C, as listed in Schedule C;

(g) construct, use, maintain, renovate, make additions to or rebuild a building used for a commercial, institutional or industrial activity on a parcel, subject to the following conditions:

(i) the building shall

(A) be serviced with sanitary sewers, or

(B) have an on-site septic system, in which case the total number of employees or other persons using the on-site septic system shall not exceed an average of 25 persons per hectare of parcel size; and

(ii) all wastes generated on the parcel, other than those disposed of as required under subparagraph (i), shall be disposed of outside all zones; and

(h) carry out operations for mineral exploration, other than operations for uranium exploration, subject to the following conditions:

(i) water used for surface or subsurface mineral exploration activities shall be free of lubricants, antifreeze and any other toxic drilling additives;

(ii) all trenches shall be filled in, covered with topsoil and revegetated before the exploration program is terminated;

(iii) when drilling is complete, all drill holes shall be filled in such a manner as to prevent vertical movement of water in the drill hole, as follows:

(A) grout plugs that are used shall have a minimum length of 2 metres, shall be composed of Bentonite, neat Portland Cement or both and shall be placed in the well bore at impermeable zones in the stratigraphic section, in numbers and locations determined by the Minister;

(B) the remainder of the holes shall be filled with cuttings, except that a minimum interval of 6 metres below ground surface shall be sealed with Bentonite, neat Portland Cement or both; and

(C) detailed drill logs of the holes shall be kept, shall be made available to the Minister on a confidential basis and shall be returned by the Minister at the end of the exploration activities;

(iv) all sulphide bearing drill cores shall be delivered to the Minister of Natural Resources for either storage or proper disposal;

(v) drill cores or cuttings not delivered under subparagraph (iv) shall be disposed of in accordance with the directions of the Minister of Natural Resources; and

(vi) no person shall modify the drainage patterns in bog or wetland areas without first carrying out an assessment of the potential impacts of such activity on the hydrology and hydrogeology of the zones, including an assessment of the impact of the proposed activity on the quantity of water in the public ground water supply system, submitting the assessment to the Minister and receiving the Minister’s approval for the proposed activity.

7(2)Total capacities, volumes, weights or quantities of chemicals or other substances permitted in a zone under this section include any total capacities, volumes, weights or quantities of those chemicals or other substances permitted in that zone under sections 5 and 6.

2004, c.20, s.12; 2004-131; 2008-137; 2012, c.52, s.16; 2016, c.37, s.30; 2019, c.29, s.168; 2024, c.28, s.14

Use of dense, non-aqueous phase liquids

8Notwithstanding anything else in this Schedule, no person shall have possession of, store or otherwise use any dense, non-aqueous phase liquid not specifically listed by name in Schedule C for any process or purpose associated with a commercial, institutional or industrial activity.

Temporary passage

9Nothing in this Schedule shall be construed so as to prohibit a person from passing through a Zone A, a Zone B or a Zone C while transporting a chemical that is prohibited in the zone, or in a quantity that is prohibited in the zone, if the person enters and leaves the zone within a period of 2 hours or less, and is passing through the zone on route to a destination outside the zone or is making a delivery in the zone.

Fertilizer management strategy

94-131

9.1A fertilizer management strategy shall include the following information:

(a) the location of the agricultural activity to which the management strategy applies, including the parcel identifier number assigned by Service New Brunswick to all parcels;

(b) a description of the agricultural activity to which the management strategy applies;

(c) the location of the land to which fertilizer will be applied, including the parcel identifier number assigned by Service New Brunswick to all parcels;

(d) the type of fertilizer to be applied;

(e) how the fertilizer will be stored, including a description of the storage area or facility, the quantity of fertilizer to be stored and the length of time the fertilizer will be stored;

(f) the timing, frequency, method and rate of fertilizer application that is appropriate having regard to the nutrient requirements of the crop and the nutrients removed from the soil by the harvested crop;

(g) the level of nutrients available in the fertilizer and the soil;

(h) the topography of the land to which the fertilizer will be applied, including slope and the location of any watercourses, wetlands or water sources;

(i) the maximum nutrient applications that are to be added to the land to which the fertilizer will be applied;

(j) if the land to which the fertilizer will be applied is not owned by the person responsible for the application, copies of any agreements between the person and the owner of the land;

(k) an emergency action plan that identifies all risks of failure in the management strategy and the measures that will be used to remedy any failure that may occur; and

(l) any other information that the Minister may require.

2004-131

Consequential amendments

10New Brunswick Regulation 93-203 under the Clean Water Act is amended

(a) by repealing section 2 and substituting the following:

2In this Regulation

“Act” means the Clean Water Act;(Loi)

“Provincial Analytical Services” means the laboratory that is operated by the Department of the Environment and Local Government for the testing of water;(Services analytiques de la province)

“regulated water supply system” means a water supply system that is owned or operated by a municipality or the Crown in right of the Province;(installation d’approvisionnement en eau règlementée)

“sampling plan” means a plan for collecting and testing water in a regulated water supply system;(plan d’échantillonnage)

“voucher” means a voucher issued under subsection 3(1).(bon)

(b) in section 7

(i) in subsection (1) in the portion preceding paragraph (a) by striking out “public” and substituting “regulated”;

(ii) in subsection (2) by striking out “public” and substituting “regulated”;

(c) in section 8

(i) in subsection (1)

(A) in paragraph (a) by striking out “public” and substituting “regulated”;

(B) in paragraph (b) by striking out “public” and substituting “regulated”;

(C) in paragraph (c) by striking out “public” and substituting “regulated”;

(ii) in subsection (2) by striking out “public” and substituting “regulated”;

(iii) in subsection (5) by striking out “public” and substituting “regulated”;

(d) in section 9

(i) in subsection (1) in the portion preceding paragraph (a) by striking out “public” and substituting “regulated”;

(ii) in subsection (2) by striking out “public” and substituting “regulated”;

(iii) in subsection (3) by striking out “public” wherever it appears and substituting “regulated”.

SCHEDULE C

Maximum allowable quantities
of chemicals per parcel, in litres

NAME OF CHEMICAL	Zone A	Zone B	Zone C
Acetone	10	15	100
Benzene	10	15	100
Bromoform	10	15	100
Ethylene glycol	5	50	100
Varsol	10	65	500
Methyl alcohol	5	50	100
Toluene	10	15	50
Xylenes	10	15	50
Phenol	0	0	0
Polychlorinated biphenyls	0	0	0
Chloroform	0	0	0
Chlorodibromomethane	0	0	0
Dichloroethane	0	0	0
Dichloromethane	0	0	0
Perchloroethylene	0	0	0
Trichloroethane	0	0	0
Trichloroethylene	0	0	0
All Other Chemicals*	20	50	100

* In this Schedule, “All Other Chemicals” means all chemicals that are not permitted, with or without conditions, in Schedule B attached with this Schedule, and are not referred to elsewhere in this Schedule.

N.B. This Regulation is consolidated to Decembre 13, 2024.

2000-47 - Wellfield Protected Area Designation

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