1In this Act
“air” means the atmosphere but does not include the atmosphere within a building or within the underground workings of a mine;(air)
“alteration” Repealed: 1989, c.52, s.1
“analyst” means an analyst designated pursuant to section 28;(analyste)
“animal” means a vertebrate, invertebrate or micro-organism whether living or dead, other than a human;(animal)
“approval” means any approval or certificate of approval granted pursuant to this Act or the regulations that has not expired or been suspended or cancelled;(agrément)
“body of water” includes any flowing or standing water whether naturally or artificially created;(eau réceptrice)
“coastal area” means
(zone côtière)
(a)
the air, water and land between
(i)
the lower low water large tide, and
(ii)
one kilometre landward of the higher high water large tide or one kilometre landward of any coastal feature, whichever extends farther inland, or
(b)
in the case of a watercourse named in the first column of Schedule A of
New Brunswick Regulation 90-80 under the
Clean Water Act, the air, water and land between the lower low water large tide and one kilometre upstream of the line joining the associated location described in the second and third columns of Schedule A of that regulation;
“Coastal Designation Order” means an Order made under subsection 6.4(2), and includes any requirements imposed under subsection 6.4(6) in relation to that Order and, unless otherwise indicated, any description or plan of the protected area that is published or filed under section 6.4 in relation to that Order;(décret de désignation de zone côtière)
“coastal feature” means a beach, coastal marsh, rock platform or other intertidal area, dune or dyked land;(caractéristique côtière)
“contaminant” means any solid, liquid, gas, micro-organism, odour, heat, sound, vibration, radiation or combination of any of them, present in the environment,
(polluant)
(a)
that is foreign to or in excess of the natural constituents of the environment,
(b)
that affects the natural, physical, chemical or biological quality or constitution of the environment,
(c)
that endangers the health, safety or comfort of a person or the health of animal life, that causes damage to property or to plant life or that interferes with visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property, or
(d)
that is designated by the Minister as a contaminant under section 4.2,
and includes a pesticide or waste;
“contaminated site” means an area designated as a contaminated site under section 4.31;(lieu contaminé)
“costs” includes expenses, disbursements, losses, damages and charges;(frais)
“council” means the environment council established under section 16;(conseil)
“danger of pollution” means any accumulation of material at a particular location, any artificial disturbance of land, any material storage or disposal facility, any transfer operation, any transport facility, any pipeline, tank, drum, excavation, depression, pond or impoundment situated in or on the ground or in buildings, whether natural or artificial and whether lined or unlined, for either storage or transport, as the case may be, of useful or waste materials that could through use or misuse, seepage, leaching, accidents, leaks, breaks, negligence, acts of animals or persons or acts of God, release contaminants into or upon the waters of the Province and any application or disposal of materials or chemicals into or upon the environment;(risque de pollution)
“designated material” means a material designated under the regulations for the purposes of section 22.1;(matière désignée)
“domestic sewage” Repealed: 1993, c.13, s.1
“domestic wastewater” means wastewater being discharged from a residential building and wastewater of a like nature being discharged from other buildings;(eaux usées domestiques)
“environment” means the air, water or soil;(environnement)
“ground water” means any flowing or standing water below the surface of the earth;(eaux souterraines)
“higher high water large tide” means the average elevation of the highest high tide based upon the most recent nineteen years of tidal predictions for which there is data;(pleine mer supérieure grande marée)
“industrial waste” means any liquid, solid or other waste, or any combination thereof, resulting from any process of industry or manufacture or the exploration for, or development of, a natural resource and includes
(matières usées industrielles)
(a)
storm water that has been contaminated through contact with useful or waste materials as a result of human activity, and
(b)
useful or waste material from a danger of pollution that becomes a contaminant;
“inspector” means an inspector designated pursuant to section 23;(inspecteur)
“licence” means any licence granted pursuant to this Act or the regulations that has not expired or been suspended or cancelled;(licence)
“lower low water large tide” means the average elevation of the lowest low tide based upon the most recent nineteen years of tidal predictions for which there is data;(basse mer inférieure grande marée)
“Minister” means the Minister of Environment and Climate Change and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“Minister of Energy and Resource Development” Repealed: 2019, c.29, s.167
“Minister of Natural Resources and Energy Development” means the Minister of Natural Resources and Energy Development and includes a person designated by the Minister of Natural Resources and Energy Development to act on that Minister’s behalf;(ministre des Ressources naturelles et du Développement de l’énergie)
“monitoring” means auditing of or obtaining and analyzing samples;(surveillance)
“order” means an order issued under this Act or the regulations, but does not include a Coastal Designation Order, a Wetland Designation Order or an order issued under section 4.2;(arrêté)
“permit” means any permit granted pursuant to this Act or the regulations that has not expired or been suspended or cancelled;(permis)
“person” , in addition to the meaning ascribed to it by the Interpretation Act, includes a local government, the Crown in right of Canada and the Crown in right of the Province;(personne)
“public water supply” Repealed: 1989, c.52, s.1
“regional solid waste commission” Repealed: 2012, c.44, s.1
“registration” means any registration granted pursuant to this Act or the regulations that has not expired or been suspended or cancelled;(immatriculation)
“release” , when used with reference to a contaminant or other matter regardless of form, includes the discharging, emitting, leaving, depositing or throwing of the contaminant or other matter and the doing of or the omission to do any other activity in respect of the contaminant or other matter, with the direct or indirect result that the contaminant or other matter enters the environment or a part of the environment, whether or not the contaminant or other matter previously existed in the environment or part of the environment;(déversement)
“responsible party” means a person who is declared responsible for the remediation of a contaminated site under section 4.6;(partie responsable)
“sewage” Repealed: 1993, c.13, s.1
“sewage works” Repealed: 1993, c.13, s.1
“sewage treatment facility” Repealed: 1993, c.13, s.1
“sewer” means any drain, pipe or conduit intended to convey wastewater or storm water;(égout)
“site professional” means a person who meets the requirements referred to in section 5.11;(professionnel affecté au lieu)
“soil” includes land, earth and the terrain;(sol)
“solid waste” means waste with insufficient liquid content to be free-flowing;(matières usées solides)
“source of contaminant” means any activity or any real or personal property that releases or might release a contaminant into or upon the environment or any part of the environment and includes a danger of pollution;(source de pollution)
“stewardship board” means a stewardship board established by the Minister under subsection 22.1(1);(commission d’intendance)
“storm water” means rain water, or water resulting from the melting of snow and ice, that may contribute to the flow in a sewer;(eaux pluviales)
“waste” includes rubbish, slimes, tailings, effluent, wastewater, fumes, smoke, other waste products of any kind and any other matter that is prescribed by regulation to be waste;(matières usées)
“wastewater” includes any industrial wastewater or domestic wastewater, whether treated or untreated, containing human, animal, vegetable or mineral matter in liquid or solid form, in suspension or in solution;(eaux usées)
“wastewater treatment facility” means all or any part of a structure or device or any combination of structures or devices that are used or intended to be used for the purpose of treating, monitoring or holding wastewater and includes pumps, buildings, piping, controls, other equipment and their appurtenances;(usine d’épuration des eaux usées)
“wastewater works” includes all sewers, sewer systems, wastewater pumping stations, wastewater treatment facilities and other works for the collection, acceptance, transmission, treatment, monitoring or disposal of wastewater;(ouvrages d’évacuation des eaux usées)
“water” includes
(eaux)
(a)
flowing or standing water whether on or below the surface of the earth; and
(b)
the ice of any body of water;
“watercourse” Repealed: 1989, c.52, s.1
“watercourse” means a watercourse as defined in the Clean Water Act;(cours d’eau)
“waterworks” Repealed: 1989, c.52, s.1
“waters of the Province” means all water in the Province of New Brunswick and, without restricting the generality of the foregoing, includes coastal water within the jurisdiction of the Province, ground water and surface water;(eaux de la province)
“waterworks” means all or any part of a private, public, commercial or industrial works for the collection, production, treatment, storage, supply or distribution of water;(ouvrage d’adduction d’eau)
“well” Repealed: 1989, c.52, s.1
“wetland” means land that
(terre humide)
(a)
either periodically or permanently, has a water table at, near or above the land’s surface or that is saturated with water, and
(b)
sustains aquatic processes as indicated by the presence of hydric soils, hydrophytic vegetation and biological activities adapted to wet conditions;
“Wetland Designation Order” means an Order made under subsection 6.1(2), and includes any requirements imposed under subsection 6.1(6) in relation to that Order and, unless otherwise indicated, any description or plan of the protected area that is published or filed under section 6.1 in relation to that Order.(décret de désignation de terre humide)
1971, c.3, s.2; 1973, c.21, s.1; 1974, c.4 (Supp.), s.1; 1975, c.12, s.1; 1976, c.19, s.1; 1983, c.17, s.1; 1985, c.6, s.1; 1987, c.6, s.7; 1987, c.11, s.1; 1989, c.52, s.1; 1993, c.13, s.1; 1994, c.91, s.1; 1996, c.50, s.1; 2000, c.26, s.37; 2002, c.25, s.1; 2003, c.6, s.1, 6; 2004, c.20, s.10; 2005, c.7, s.10; 2006, c.16, s.23; 2012, c.39, s.33; 2012, c.44, s.1; 2016, c.37, s.29; 2017, c.20, s.20; 2019, c.29, s.167; 2020, c.25, s.23; 2023, c.17, s.27; 2023, c.33, s.1