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Regulation number	Title
C-5.2	Clean Air Act

Under section 46 of the Clean Air Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Public Participation Regulation - Clean Air Act.

2In this Regulation

“Act” means the Clean Air Act; (Loi)

“amend” means, with respect to an approval, to amend an approval as provided for under subsection 16(5) of the Act; (modifier)

“applicant” means a person who applies for or who wishes to renew or amend an approval; (demandeur)

“approval” means a Class 1A approval or Class 1B approval that is to be issued, amended or renewed under the Air Quality Regulation - Clean Air Act; (agrément)

“notice” means a notice published pursuant to subsection 16(2), (3) or (4) of the Act; (avis)

“source” means a Class 1A or Class 1B source as defined in subsection 25(1) of the Air Quality Regulation - Clean Air Act. (source)

Public notice of application

3(1)A notice required under subsection 16(2), (3) or (4) of the Act shall be made in a newspaper having general circulation in the area of the Province where the source in respect of which the approval is sought is located.

3(2)The notice shall contain the following information:

(a) the name of the applicant;

(b) the expiry date of the current approval, if applicable;

(c) identification and location of the source in respect of which the application is being made;

(d) the period during which comments may be made to the Minister in respect of the application, which period shall not be less than 120 days from the date of first publication of the notice;

(e) the name of a person employed within the Department of Environment and Local Government who may be contacted respecting the application;

(f) the name of a person identified by the applicant who may be contacted respecting the application;

(g) where members of the public may obtain information respecting the application; and

(h) any other information the Minister considers appropriate in the circumstances.

3(3)Upon publication of the notice referred to subsection (1), the Minister shall make available to the public the following information:

(a) a summary of the supporting documentation and information supplied by the applicant in support of its application;

(b) if there is an existing approval for the source, a summary of the information in possession of the Minister respecting emission of air contaminants from the source during the period of the approval or within the five year period previous to the date of the application, whichever is greater;

(c) a summary of the information in possession of the Minister on ground level concentrations of air contaminants, if available, during the period of the approval for the source, if one exists, or within the five year period previous to the date of the application, whichever is greater; and

(d) such other information with respect to the application or the source that the Minister considers appropriate.

3(4)A person may view the information and documentation referred to in subsection (3) at the Minister’s office in Fredericton and at the regional office of the Department of Environment and Local Government that is located closest to the source in respect of which the application is made during the business hours for the offices.

3(5)A person who is a resident of New Brunswick is entitled, upon request, to one copy, free of charge, of the summaries under paragraphs (3)(a) to (c) and the other information referred to in paragraph (3)(d).

3(6)The Minister may make the information and documentation referred to in subsection (3) available to the public in any other manner that the Minister considers appropriate.

2006, c.16, s.22; 2012, c.39, s.32

Comments on application

4A person who wishes to comment on an application for an approval in respect of which a notice has been published may submit comments to the Minister within the period provided for comments under paragraph 3(2)(d).

Interim summary of comments and draft approval

5(1)The Minister shall, at least 60 days before the period provided for comments under paragraph 3(2)(d) expires, make public an interim summary report which shall

(a) summarize the air quality issues raised with respect to the application, and

(b) summarize the Minister’s response to the issues raised, and

if the Minister proposes to issue, amend or renew the approval, the Minister shall make public a draft of the approval with the terms and conditions that the Minister proposes to attach to it.

Additional comments by public

6A person who wishes to comment on the draft approval may submit written comments to the Minister respecting the draft approval before the period provided for comments under paragraph 3(2)(d) expires.

Adequacy of public consultation

7(1)Before the Minister makes a decision with respect to an application for an approval, the Minister shall determine, with respect to the application,

(a) whether reasonable steps have been taken to inform the public of all relevant information with respect to the application that is in the possession of the Minister, and

(b) whether the public has been provided a reasonable opportunity to comment on the information.

7(2)If the Minister determines that the requirements set out in subsection (1) have not been met, the Minister shall

(a) release information in the possession of the Minister that is relevant to the application but that has not been released,

(b) extend the period provided for comment, notwithstanding that the period provided for under paragraph 3(2)(d) has expired or is about to expire, or

(c) act under both paragraphs (a) and (b),

as the case may be.

Other actions taken

8Nothing in this Regulation prevents the Minister from conducting other activities for the purpose of consulting with the public or from consulting with or providing information to such persons as the Minister considers appropriate with respect to an application.

Intended approval and final report

9(1)Notwithstanding subsection 5(3) of New Brunswick Regulation 97-133 under the Clean Air Act, where the Minister decides to issue, amend or renew an approval, the Minister shall make public, at least 30 days before the Minister proposes to make the approval effective, a copy of the intended approval, with the terms and conditions that the Minister proposes to attach to it, and a final summary report which shall

(a) summarize the air quality issues raised with respect to the application, and

(b) summarize the Minister’s response to the issues raised.

9(2)Where the Minister decides not to issue, amend or renew an approval, the Minister shall make public a final summary report that meets the requirements of paragraphs (1)(a) and (b) as soon as practicable after making the decision.

Cessation of consultation process

10If the Minister at any time after the publication of a notice under section 16 of the Act determines that an applicant does not require a Class 1 approval for the source in respect of which an application is made or does not require an amendment of the approval, or if the applicant withdraws its application, the Minister shall notify the public of this fact and cease the process provided for under this Regulation.

Extension of approval to allow for public consultation

11Notwithstanding New Brunswick Regulation 97-133 under the Clean Air Act, the Minister may extend the expiry date of an existing approval for a period of not more than 6 months at a time in order to permit the process provided for under this Regulation to be completed, and the Minister shall ensure that the public is notified of the reason for the extension.

Appeal respecting consultation requirements

12(1)A person who is a resident of New Brunswick may appeal the Minister’s determination that the requirements set out in subsection 7(1) have been met with respect to an application for an approval.

12(2)An appeal shall be made in writing and shall be served on the Minister within 15 days after the Minister has made public the intended approval and final summary report under section 9.

12(3)An appeal shall set out in detail the position of the person making the request as to why he or she believes that the requirements under subsection 7(1) have not been met and shall include any supporting documentation and other pertinent information.

12(4)The Minister shall not issue, renew or amend an approval that is the subject of an application and in respect of which an appeal has been made under this section, until after the Minister disposes of the appeal under section 13.

12(5)Subsection (4) does not apply to an extension of the expiry date of an approval under section 11 or to an amendment of an approval that does not fall under subsection 16(4) of the Act.

Appeal respecting consultation requirements

13(1)The Minister shall, within 15 days after being served with an appeal under subsection 12(2), review his or her determination with respect to the requirements under subsection 7(1) and shall make a written determination of the matter, with reasons, confirming or revoking his or her determination with respect to the requirements.

13(2)Where the Minister revokes his or her determination, the Minister shall take such steps as the Minister considers necessary to meet the requirements of subsection 7(1).

13(3)A copy of the written determination of the Minister shall be served upon the person who served the appeal.

Appeal respecting consultation requirements

14(1)Any notice or other document which is to be given to, filed with or served upon the Minister shall be sufficiently given, filed or served if it is delivered personally or sent by prepaid registered mail to the Deputy Minister of Environment and Climate Change, Department of Environment and Local Government, P.O. Box 6000, Fredericton, New Brunswick, E3B 5H1.

14(2)Any notice or other document which is to be given to or served upon any other person shall be sufficiently given or served if it is delivered personally or if it is sent by prepaid registered mail to

(a) the last address of that person reported to the Minister under the Act or any regulation made thereunder, or

(b) the address for service endorsed upon the appeal served under subsection 12(2).

14(3)Service by prepaid registered mail shall be deemed to be effected 5 days after the date the document is deposited in the mail.

2006, c.16, s.22; 2012, c.39, s.32; 2020, c.25, s.22

Air quality objectives

15(1)Before giving notice to the public under paragraph 8(b) of the Act, the Minister shall prepare a proposed plan for achieving the intended objectives.

15(2)When notice to the public is given under paragraph 8(2)(b) of the Act of the intended establishment or amendment of objectives relating to the quality or constitution of the air, the Minister shall, at the same time, make available to the public a copy of the plan referred to in subsection (1).

15(3)Members of the public may make comments to the Minister on the plan referred to in subsection (2) during the same period of time during which they may make comments on the intended objectives under paragraph 8(2)(c) of the Act.

15(4)After the period provided for comment under paragraph 8(2)(c) of the Act has expired, the Minister shall make available to the public a summary of the comments received and how they were taken into consideration in establishing or amending the objectives or altering the plan.

15(5)Subsections (1) to (4) do not apply where the Minister acts under subsection 8(4) of the Act.

Commencement

16This Regulation comes into force on March 31, 2002.

N.B. This Regulation is consolidated to December 18, 2020.

2001-98 - Public Participation

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