Acts and Regulations

2024-58 - Administrative Penalties

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2024-58
under the
Clean Environment Act
(O.C. 2024-200)
Filed July 31, 2024
Under section 32 of the Clean Environment Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Administrative Penalties Regulation – Clean Environment Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Clean Environment Act. (Loi)
“environmental legislation” means the Clean Air Act, the Clean Environment Act, the Clean Water Act, or the Pesticides Control Act and the regulations under those Acts. (législation environnementale)
Prescribed provisions
3For the purposes of section 32.2 of the Act, an administrative penalty may be imposed in respect of a violation or failure to comply with the provisions set out in Schedule A.
Elements of the notice of administrative penalty
4For the purposes of paragraph 32.2(4)(g) of the Act, a notice of administrative penalty shall also include the following information, if applicable, relating to the contaminated site concerned:
(a) the address and parcel identifier; and
(b) the file number issued by the Minister.
Degree of seriousness of the violation
5(1)When the Director imposes an administrative penalty under section 32.2 of the Act for a violation or failure to comply with a provision set out in Schedule A, the Director shall determine whether, in the opinion of the Director,
(a) the violation or failure to comply constituted a minor, moderate or major deviation from the requirements of the provision, and
(b) the potential for adverse impacts on human health or the environment posed by the violation or failure to comply was none or minor, moderate or major.
5(2)Using the scale in Schedule B, the Director shall fix the amount of the administrative penalty using the range of penalties that corresponds to the Director’s determination under subsection (1), taking into account the following factors:
(a) the importance of compliance with the Act and the regulations;
(b) the degree of wilfulness or negligence involved in the violation or failure to comply;
(c) whether or not there was any mitigation in relation to the violation or failure to comply;
(d) whether or not steps have been taken to prevent a recurrence of the violation or failure to comply;
(e) whether or not the person subject to the administrative penalty has a history of non-compliance with environmental legislation;
(f) whether or not the person subject to the administrative penalty or another person benefited from the violation or failure to comply; and
(g) any other factors the Director considers relevant.
Continuing violation
6Subject to subsection 32.2(3) of the Act, when a violation or failure to comply continues for more than one day, the amount of the administrative penalty payable shall be the product of
(a) the penalty imposed under subsection 5(2), and
(b) the number of days or parts of a day that the violation or failure to comply continues.
Commencement
7This Regulation comes into force on August 1, 2024.
SCHEDULE A
VIOLATIONS IN RELATION TO WHICH ADMINISTRATIVE PENALTIES MAY BE IMPOSED
Legislation
Provision number
Clean
section 4.3
Environment
section 4.7
 Act
subsections 5.11(1) and (2)
section 27
 
Contaminated Sites
subsection 3(2)
Regulation –
section 7
Clean
section 11
Environment
subsections 12(4) and (6)
Act
subsection 14(4)
section 16
SCHEDULE B
 
SCALE OF ADMINISTRATIVE PENALTIES
SERIOUSNESS OF THE DEVIATION
FROM THE STATUTORY OR REGULATORY PROVISION
MINOR DEVIATION
MODERATE DEVIATION
MAJOR DEVIATION
POTENTIAL
FOR
ADVERSE
IMPACT
NONE OR MINOR
$250 – $1,500
$1,500 – $3,000
$3,000 – $5,000
MODERATE
$1,500 – $3,000
$3,000 – $5,000
$5,000 – $7,500
MAJOR
$3,000 – $5,000
$5,000 – $7,500
$7,500 – $10,000
N.B. This Regulation is consolidated to July 31, 2024.