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Regulation number	Title
C-6.1	Clean Water Act

Under section 40 of the Clean Water Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Watercourse and Wetland Alteration Regulation - Clean Water Act.

2003-16

2In this Regulation

“Act” means the Clean Water Act.(Loi)

3(1)A person is exempt from the requirement to obtain a permit under paragraph 15(1)(b) of the Act if the person is undertaking or proceeding with a project or structure involving any alteration of or to those parts of a watercourse named in the first column of Schedule A that are on the seaward or downstream side of the line joining the associated location described in the second and third columns of Schedule A.

3(1.1)A person is exempt from the requirement to obtain a permit under paragraph 15(1)(b) of the Act if the person is undertaking or proceeding with a project or structure involving any alteration of or to a wetland that is less than one hectare in area and is not contiguous to a watercourse.

3(2)The Minister may waive the requirement for a permit under paragraph 15(1)(b) of the Act for a person planning a project involving an alteration to a watercourse that

(a) is not one of the watercourses named in Schedule A, and

(b) is subject to tidal variations in level and flow.

3(3)Persons undertaking or proceeding with any of or any combination of the following activities are exempt from the requirement to obtain a permit under paragraph 15(1)(b) of the Act:

(a) the harvesting of aquatic plants or the removal of aquatic plants by physical means for recreation, navigation or gathering food and the use of aquatic plant harvesting equipment in the area of harvesting;

(b) the repair of a project or structure under subsection 15(3) of the Act if no modification is made to the size, shape, materials and alignment of the structure;

(b.1) the withdrawal of water at a rate not exceeding forty-five litres per minute for the purpose of drilling exploration work, if the persons have received the permission of the Recorder to proceed with the work under paragraph 109(1)(d) or 110(1)(b) of the Mining Act and if they comply with the terms and conditions to which the permission is subject;

(b.2) the installation of drainage tile, including outlets, for the drainage of agricultural lands, if the persons comply with all standards imposed in relation to the installation by the Minister of Agriculture, Aquaculture and Fisheries;

(b.3) any activity that is carried out within thirty metres of a wetland or the banks of a watercourse and that would require the issue of an approval under the Water Quality Regulation - Clean Environment Act, if the persons are issued such an approval in relation to the activity before commencing the activity, if they comply with any terms and conditions to which the approval is subject and with the Act and regulations and if they complete the activity while the approval is valid;

(b.4) the installation and removal of a seasonal wharf that does not require any construction or excavation during installation;

(c) the construction of a roadway, railway or agricultural drainage ditch if there is no danger of pollution as a result of the construction and subsequent operation of the ditch and if the ditch does not break the bank of a watercourse;

(d) Repealed: 93-158

(e) the maintenance of a roadway, railway or agricultural drainage ditch if

(i) the ditch does not break the bank of a watercourse,

(ii) no change is made to the alignment of the ditch,

(ii.1) there is no deposit of any material in a wetland, and

(iii) there is no danger of pollution as a result of the maintenance;

(e.1) unless the Minister is of the opinion that a permit is necessary, the alteration of a wetland that is located within an area that is subject to an operating plan approved by a Regional Director of the Department of Natural Resources and Energy Development; and

(f) unless the Minister is of the opinion that a permit is necessary, a watercourse alteration on a watercourse that drains an area of six hundred hectares or less at the site of the alteration in an operating plan approved by a Regional Director of the Department of Natural Resources and Energy Development.

93-158; 96-33; 2000, c.26, s.46; 2003-16; 2004, c.20, s.11; 2007, c.10, s.21; 2010, c.31, s.24; 2016, c.37, s.30; 2017, c.63, s.17; 2019, c.2, s.26; 2019, c.29, s.168

4(1)Notwithstanding any other provision of this Regulation, but subject to subsection (2), no person shall remove or cause the removal of sand, gravel, rock or similar material from a watercourse or wetland for sale, gain or commercial use or for the purpose of processing or manufacturing such sand, gravel, rock or similar material into another product.

4(2)Subsection (1) does not apply to a person who removes or causes the removal of peat from a wetland for sale, gain or commercial use or for the purpose of processing or manufacturing such peat into another product.

2003-16

5(1)An application for a permit shall be submitted to the Minister on a form provided by the Minister and, subject to section 7, shall be accompanied by copies of the plans and such other documents or information as the Minister may require.

5(2)The copies of plans and any other documents or information required by the Minister under subsection (1) shall be prepared for and provided to the Minister at no cost or expense to the Minister.

5(3)Upon receipt of an application made under this section, the Minister may demand any additional copies of plans and any other documents and information the Minister considers necessary or useful in order to decide what disposition will be made of the application.

5(4)If any engineering report or plans are required by the Minister, they shall be prepared or approved, at no cost or expense to the Minister, by an engineer who is a member of the Association of Professional Engineers and Geoscientists of New Brunswick or who is licensed to practise engineering under the Engineering and Geoscience Professions Act.

5(5)An application may be made in accordance with this section with respect to more than one watercourse or wetland alteration or any combination of watercourse and wetland alterations.

2003-16; 2009-118

6(1)An application for a permit may be made by

(a) the person who is planning a project or structure involving a watercourse or wetland alteration, or

(b) a person acting on behalf of a person referred to in paragraph (a) if the person making the application on behalf of another is not an employee of the Department of Environment and Local Government for the Province of New Brunswick.

6(2)Notwithstanding paragraph (1)(b), the Minister shall issue a permit only to a person referred to in paragraph (1)(a).

6(3)Notwithstanding subsection (1), where an application is made by a person other than the person referred to in paragraph (1)(a), the Minister shall not accept the application unless the person on whose behalf the application is made consents to the application on a form provided by the Minister.

2000, c.26, s.46; 2003-16; 2006, c.16, s.33; 2012, c.39, s.41

7(1)Where an application is submitted by a person who is not the owner in fee simple of the lands or the owner of a right-of-way on the lands upon which the planned watercourse or wetland alteration is to be or is situated, the Minister shall not accept the application until the Minister is satisfied that the owner of the lands consents to the alteration.

7(2)Notwithstanding subsection (1), the Minister may refuse to issue a permit for an alteration until the Minister has satisfactory proof that all or some of the owners of the lands that, in the Minister’s opinion, are or may be affected by the watercourse alteration consent to it.

2003-16

8No person shall engage another person to act under his or her direction or control, or independent contractors to commence, make or carry out any watercourse or wetland alteration unless the person has been issued a permit in accordance with this Regulation.

2003-16

9Upon receipt of an application made under subsection 5(1) together with copies of plans and any other documents or information required by the Minister under section 5, the Minister may issue one or more permits for such period of time and upon such terms and conditions as the Minister may impose.

10(1)A permit shall

(a) be on a form provided by the Minister, and

(b) identify or state on its face

(i) the name of the person to whom it is issued,

(ii) the watercourse or wetland alteration or alterations for which the permit is issued,

(iii) the date on which it is issued,

(iv) the date on which it expires,

(v) the terms and conditions imposed on it, and

(vi) such other information as the Minister considers necessary.

10(2)A permit may be accompanied by such documents as are considered necessary by the Minister in order to establish or identify all or any of the terms and conditions imposed on it and these documents shall be referred to on the face of the permit.

10(3)A permit shall not be assigned or transferred and is valid only for

(a) the watercourse or wetland alteration or alterations identified on the permit, and

(b) the person to whom it is issued, any person acting under that person’s direction or control and any independent contractor with whom that person contracts to commence, make or carry out the alteration or alterations identified on the permit.

10(4)A person to whom a permit is issued shall be deemed to have accepted responsibility for each alteration for which the permit is issued.

10(5)The Minister may by registered mail suspend or cancel a permit where in the Minister’s opinion there has been non-compliance with the Act, this Regulation, the terms and conditions imposed on the permit or any order, direction or demand of the Minister.

10(6)A permit is automatically cancelled by the issuance of a new permit applying to the same alteration or alterations.

10(7)The issue of a permit under this Regulation does not exempt the person to whom it is issued from the provisions of any Act of the Legislature, the regulations under such Act, any Act of the Parliament of Canada or the regulations under such Act.

2003-16; 2009-118

11(1)Subject to subsection (3), a permit may be issued by the Minister for more than one watercourse or wetland alteration or any combination of watercourse and wetland alterations.

11(2)A permit issued for more than one alteration shall have the words “Multiple Permit” marked or typed clearly on its face.

11(3)A permit shall not be issued for more than one alteration unless the Minister is of the opinion that all the alterations to which the permit is intended to apply have some appropriate factor in common.

2003-16

12(1)Where in the Minister’s opinion an emergency exists, the Minister may issue an emergency permit for one or more watercourse or wetland alterations or any combination of watercourse and wetland alterations before the submission of the copies of the plans or any other documents or information required to be submitted under section 5.

12(2)A person to whom an emergency permit is issued shall, within thirty days after the issue or within such other time as the Minister may direct, submit to the Minister the copies of the plans and any other documents or information required to be submitted under section 5 that were not submitted before the issue.

12(3)An emergency permit shall be issued for a specific period not to exceed ninety days.

93-158; 2003-16

12.1(1)A person may apply for a provisional permit by submitting a notification form to the Minister on a form provided by the Minister, accompanied by the prescribed fee and by copies of the plans and such other documents or information as the Minister may require.

12.1(2)Within two weeks after receiving a notification form, the prescribed fee and all related copies and other documents and information under subsection (1), the Minister shall determine whether or not, in the opinion of the Minister, the planned watercourse or wetland alteration would or could pose a significant threat to the environment, and

(a) if the Minister is of the opinion that the planned alteration would not or could not pose a significant threat to the environment, deliver to the applicant a written acknowledgement granting the person a provisional permit, for such period of time and upon such terms and conditions as the Minister may impose, or

(b) if the Minister is of the opinion that the planned alteration would or could pose a significant threat to the environment, deliver to the applicant written notice that a provisional permit will not be issued to the applicant.

12.1(3)A written acknowledgement delivered under paragraph (2)(a), a copy of the notification form to which it relates and any list of applicable terms and conditions and any other documents referred to in the acknowledgement or the notification form together constitute a provisional permit.

12.1(4)A person who has been notified under paragraph (2)(b) that a provisional permit will not be issued may apply for a permit under subsection 5(1).

12.1(5)The provisions of this Regulation in respect of a permit, other than subsections 5(1) and 6(2) and (3), sections 7 and 9, paragraph 10(1)(a), subsection 11(2) and sections 13 and 16, apply with the necessary modifications to a provisional permit.

93-158; 2003-16

13(1)A permit may be renewed by the Minister on such terms and conditions as the Minister may impose.

13(2)The Minister may suspend or cancel a renewed permit if any of the terms and conditions imposed on it are not fulfilled, but shall not do so until the person to whom the permit is issued has had a reasonable time to comply with any new terms and conditions imposed on the renewed permit upon the renewal.

14Where a permit is refused, the Minister shall notify the person making the application for the permit of the reasons for the refusal.

SECURITIES

15(1)The Minister may refuse to issue a permit to a person for an alteration or alterations unless that person has deposited with the Minister such security, including money or its equivalent, as the Minister may require in order to ensure that the alteration or alterations are completed in accordance with the Act, this Regulation, the terms and conditions imposed on the permit and any order, direction or demand of the Minister.

15(2)A security to be deposited with the Minister under subsection (1) shall be in an amount to be determined by the Minister.

15(3)Where the Minister takes action under subsection 5(2) of the Act, the security deposited under this section shall be forfeited and such sum out of the total security as the Minister determines shall be paid to the Province.

15(4)The Minister may sell a security deposited and forfeited under this section at the current market price.

15(5)The permit held by the person who deposited a security forfeited under subsection (3) shall, upon written notification, be suspended until the total amount of the security required under this section is restored.

15(6)The Minister shall return a security deposited under this section when the Minister is satisfied that each alteration for which the permit was issued has been completed in accordance with the Act, this Regulation, the terms and conditions imposed on the permit and any order, direction or demand of the Minister.

2003-16; 2009-118

NOTICE OF APPLICATION

16(1)At any time after an application has been submitted under this Regulation, the Minister may require the person submitting the application or the person on whose behalf the application is submitted to do any of or any combination of the following:

(a) publish notice of the application in The Royal Gazette and in such newspaper as the Minister may require, including in the notice such details of the application as the Minister may require;

(b) serve a copy of the notice of application upon such persons as the Minister may require;

(c) attend at any public meeting arranged by the Minister; or

(d) make submissions with respect to the application.

16(2)If publication or service of a notice of application is required under subsection (1), any person may file with the Minister a written objection to the issuance of the permit sought at any time within thirty days after the publication or service.

16(3)A notice of application required to be published or served under subsection (1) shall be on a form provided by the Minister.

COMPLIANCE

17Every person to whom a permit is issued shall

(a) commence, make or carry out each alteration for which the permit is issued in a reasonable and diligent manner, and

(b) comply with the Act, this Regulation, the terms and conditions imposed on the permit and any order, direction or demand of the Minister.

2003-16; 2009-118

18Inspectors may make periodic inspections of watercourse or wetland alterations.

2003-16

19Repealed: 2009-118

2003-16; 2009-118

20Repealed: 2009-118

2003-16; 2009-118

21Repealed: 2009-118

2009-118

22(1)The issuance of a permit under this Regulation is conditional upon

(a) all material facts in the application for the permit having been disclosed, and

(b) the facts, representations and other information contained in the application for the permit being true, accurate and complete.

22(2)No person shall give false or misleading information in any application, report or statement submitted or made to the Minister under this Regulation.

ADMINISTRATION

23If the address of the person making an application changes, whether before or after a permit is issued, the person shall notify the Minister of the change within fifteen days after the change takes effect.

24(1)Any notice, order or other document that is to be given to or served upon the Minister under this Regulation shall be sufficiently given or served if it is delivered personally or if it is mailed prepaid registered mail to The Director of Operations Branch, New Brunswick Department of Environment and Local Government, P. O. Box 6000, Fredericton, New Brunswick, E3B 5H1.

24(2)Any notice, order or other document that is to be given to or served upon a person making an application under this Regulation, whether before or after a permit is issued, shall be sufficiently given or served if it is delivered personally or if it is mailed prepaid registered mail to the last address of that person reported to the Minister under this Regulation.

2000, c.26, s.46; 2006, c.16, s.33; 2009-118; 2012, c.39, s.41

25(1)The Minister shall maintain

(a) an alphabetical index of the names of all persons applying for a permit, and

(b) a register containing a copy of each permit issued under this Regulation.

25(2)The index and register referred to in subsection (1) shall be available for inspection at the office of the Director, Water Resources Branch, New Brunswick Department of Environment and Local Government, Fredericton, New Brunswick during normal office hours upon payment of the fee prescribed in paragraph 26(1)(f).

93-158; 2000, c.26, s.46; 2006, c.16, s.33; 2012, c.39, s.41

FEES

26(1)Subject to subsection (4), the fees to be paid under the Act and this Regulation are as follows:

(a) for an application for a permit (other than an emergency permit or a provisional permit) for one alteration.............. $25.00;

(b) for an application for a permit (other than an emergency permit or a provisional permit) for more than one alteration: $20.00 for each separate alteration to a maximum of $200.00;

(c) for an application for an emergency permit.............. $50.00;

(d) for an application for a provisional permit.............. $10.00;

(e) for an application for a renewal of a permit.............. $10.00;

(f) for inspection of the index and register under subsection 25(2).............. $10.00.

26(2)The fees prescribed under paragraphs (1)(a) to (e) shall be submitted with the application.

26(3)The fees prescribed under paragraphs (1)(a) to (e) are not returnable, except where the person making the application is exempted from the requirement to obtain a permit or the requirement to obtain a permit is waived under this Regulation.

26(4)The fees prescribed under paragraphs (1)(a) to (e) are not payable for applications made on its own behalf by the Government of the Province of New Brunswick, a local government within the Province or the Government of Canada.

93-158; 2017, c.20, s.24

27New Brunswick Regulation 82-233 under the Clean Environment Act is repealed.

28This Regulation comes into force on July 1, 1990.

SCHEDULE A
WATERCOURSE	LOCATION ON TRUE RIGHT SIDE OF WATERCOURSE	LOCATION ON TRUE LEFT SIDE OF WATERCOURSE
Miramichi River	The intersection of the true right bank and the downstream or seaward side of Morrissey Bridge from Newcastle to Chatham Head. Approximately U.T.M. Easting 305700 U.T.M. Northing 5207770 Zone 20.	The intersection of the true left bank and the downstream or seaward side of Morrissey Bridge from Newcastle to Chatham Head. Approximately U.T.M. Easting 305200 U.T.M. Northing 5207770 Zone 20.

Nepisiguit River	The intersection of the true right bank and the downstream or seaward side of Nepisiguit River Mouth Bridge connecting Bathurst to East Bathurst. Approximately U.T.M. Easting 301750 U.T.M. Northing 5276350 Zone 20.	The intersection of the true left bank and the downstream or seaward side of Nepisiguit River Mouth Bridge connecting Bathurst to East Bathurst. Approximately U.T.M. Easting 301500 U.T.M. Northing 5276300 Zone 20.

Petitcodiac River	The wharf shown north of Calhoun Flats and Hopewell Cape, but still within Hopewell Parish, on 1:50,000 Topographical map Hillsborough East 21H/1SE Edition 2 Compiled in 1962 by the Surveys and Mapping Branch, Dept. of Mines & Technical Surveys from aerial photographs taken in 1958, and field and culture checks conducted in 1959. Approximately U.T.M. Easting 377400 U.T.M. Northing 5079600 Zone 20.	The tip of Fort Folly Peninsula known as Fort Folly Point. Approximately U.T.M. Easting 378800 U.T.M. Northing 5080450 Zone 20.

Restigouche River	The intersection of the true right bank and the downstream or seaward side of Restigouche River Bridge from the City of Campbellton, N.B. to Cross Pt., Que. Approximately U.T.M. Easting 673450 U.T.M. Northing 5319800 Zone 19.	The intersection of the true left bank and the downstream or seaward side of Restigouche River Bridge. Approximately U.T.M. Easting 672700 U.T.M. Northing 5320450 Zone 19.

Richibucto River	The intersection of the true right bank with the downstream or seaward side of the Rexton Highway Bridge from Rexton Station to the Village of Rexton. Approximately U.T.M. Easting 356700 U.T.M. Northing 5167050 Zone 20.	The intersection of the true left bank with the downstream or seaward side of the Rexton Highway Bridge. Approximately U.T.M. Easting 356600 U.T.M. Northing 5167250 Zone 20.

Buctouche River	N. B. Survey Monument No. 7852 located adjacent to the highway from Bouctouche to Saint-François-de-Kent. U.T.M. Easting 368617.78 U.T.M. Northing 5147193.83 Zone 20.	N. B. Survey Monument No. 8042 located adjacent to the highway from Bouctouche to Saint-Jean-Baptiste. U.T.M. Easting 368519.52 U.T.M. Northing 5148344.25 Zone 20.

Cocagne River	N. B. Survey Monument No. 7883 located near Route No. 11 in the community of Cocagne. U.T.M. Easting 375797.11 U.T.M. Northing 5131949.07 Zone 20.	N. B. Survey Monument No. 7882 on the approaches to the Highway Bridge connecting Cocagne Nord to Cocagne. U.T.M. Easting 375373.71 U.T.M. Northing 5132743.06 Zone 20.

Digdeguash River	The intersection of the true right bank and the downstream or seaward side of the Digdeguash River Mouth Bridge on Highway No. 1 from The City of Saint John to The Town of St. Stephen-Milltown. Approximately	The intersection of the true left bank and the downstream or seaward side of the Digdeguash River Mouth Bridge on Highway No. 1 from The City of Saint John to The Town of St. Stephen-Milltown. Approximately

	U.T.M. Easting 660200 U.T.M. Northing 5004600 Zone 19.	U.T.M. Easting 660350 U.T.M. Northing 5004500 Zone 19.

Kouchibouguac River	A point on the true right bank corresponding to the boundary of Kouchibouguac National Park.	A point on the true left bank corresponding to the boundary of Kouchibouguac National Park.

Magaguadavic River	A point on the true right bank corresponding to the brink of the falls on the Magaguadavic River at the Town of St. George. Approximately U.T.M. Easting 670700 U.T.M. Northing 4999225 Zone 19.	A point on the true left bank corresponding to the brink of the falls on the Magaguadavic River at the Town of St. George. Approximately U.T.M. Easting 670750 U.T.M. Northing 4999375 Zone 19.

Memramcook River	The tip of Fort Folly Peninsula known as Fort Folly Point. Approximately U.T.M. Easting 378800 U.T.M. Northing 5080450 Zone 20.	The wharf shown at Dorchester Cape on 1:50,000 Topographical map Hillsborough East 21H/1SE Edition 2 Compiled in 1962 by the Surveys and Mapping Branch, Dept. of Mines & Technical Surveys from aerial photographs taken in 1958 and field and culture checks conducted in 1959. Approximately U.T.M. Easting 379900 U.T.M. Northing 5080500 Zone 20.

Middle River	The intersection of the true right bank and the downstream or seaward side of the City of Bathurst - West-Bathurst Causeway. Approximately U.T.M. Easting 300250 U.T.M. Northing 5277350 Zone 20.	The intersection of the true left bank and the downstream or seaward side of the City of Bathurst - West-Bathurst Causeway. Approximately U.T.M. Easting 299950 U.T.M. Northing 5277950 Zone 20.

St. Croix River	Miller Point, Maine, U.S.A. Approximately U.T.M. Easting 642250 U.T.M. Northing 5002400 Zone 19.	Spruce Point, Dufferin Parish, Charlotte County. Approximately U.T.M. Easting 642530 U.T.M. Northing 5002900 Zone 19.

Saint John River	N. B. Survey Monument No. 4088 located near Lancaster Ave. between Earl Ave. and Lewin Park. U.T.M. Easting 728473.70 U.T.M. Northing 5015163.73 Zone 19. For field identification purposes this point on the true right bank is approximately 245 metres downstream or seaward of the Reversing Falls Highway Bridge.	N. B. Survey Monument No. 3987 located at the end of Douglas Ave. U.T.M. Easting 728633.27 U.T.M. Northing 5015726.06 Zone 19. For field identification purposes only, this point is approximately 60 metres downstream or seaward of Split Rock.

2009-118

N.B. This Regulation is consolidated to December 20, 2019.

90-80 - Watercourse and Wetland Alteration

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