Review and Update of the New Brunswick Clean Air Act and its regulations

The Government of New Brunswick has made improving outdoor air quality a priority. Clean air protects the health of our communities, the environment and the well-being of future generations.  

The Clean Air Act is the province’s primary legislative tool for protecting the quality of our outdoor air. It has been in place since 1997, and we are now reviewing the act and its associated regulations to:  

• modernize standards based on current science and technology
• strengthen rules that protect outdoor air quality for communities across New Brunswick

Your input can help shape the changes to the Clean Air Act and drive improvements in air quality. 

We asked for your feedback on the Clean Air Act and its regulations — how it all works, what could be improved and whether it reflects the needs and expectations of New Brunswickers today. This will help us shape updates to the act in the coming months.  

We’ve grouped the review into five main themes. Under each, there are specific questions we sought your input on. 

How New Brunswickers access air quality information and take part in decisions that affect them, including:

• how and when the public should be notified about new industrial proposals or permit changes
• what kind of information should be made public (e.g., permit decisions, monitoring data)
• how to make it easier for New Brunswickers to engage meaningfully in air quality issues

Under the Clean Air Act, proponents (industry) must obtain an Approval to Operate from the Department of Environment and Local Government if they plan to release contaminants into the air (environment). When an Approval to Operate is granted, it includes a list of terms and conditions that must be followed. We’re reviewing how these approvals are granted and managed, including: 

• how frequently approvals and permits must be reviewed and renewed
• the types of terms and conditions that should be applied through approvals and permits
• how to ensure requirements are fair, consistent and based on clear criteria 

The review is considering whether legislative guidance is needed for how monitoring and modelling are conducted and reported. Are the current requirements strong enough to ensure high-quality data is collected, shared and acted upon? This includes:  

• what kind of air quality data should be collected and shared 
• whether the act should set clearer rules for how monitoring and modelling are conducted 
• how government and industry can work together to provide accurate, transparent reporting 

We’re exploring whether current enforcement tools are appropriate, flexible and transparent enough to support compliance. This includes:  

• whether existing tools (like warnings, fines or orders) are strong enough to encourage compliance 
• when and how the public should be informed about enforcement actions 

Not all air concerns are about health, some are about quality of life. We want your views on: 

• how the act should address odours, haze or noise from industrial and local sources 
• how open burning and/or woodstove use should be addressed
• whether vehicle emissions should be managed at the provincial or local level (e.g., including provisions to motor vehicle inspections and prohibiting the removal of or tampering with emissions control equipment)  

To learn more about the Clean Air Act, explore the following: 

• About the Clean Air Act
• Types of Air Quality Monitoring in New Brunswick
• Air Quality Regulations
• New Brunswick’s Air Quality Data Portal
• Air Quality Health Index

In addition to the themes listed above, we are also revising New Brunswick’s Ambient Air Quality Objectives (AQOs) (PDF 260 KB). This is a key aspect of the project.

Air Quality Objectives, or AQOs, are targets for outdoor air quality. They set a limit on how much of a certain substance, like smoke, chemicals or gases, should be in the air. 

These targets: 

• help government make decisions about industrial permits and approvals 
• support environmental assessments for new projects 
• guide how we monitor and respond to air pollution 
• help us keep the outdoor air clean and safe for everyone 

These are not emission limits for a single source, like a smokestack. Instead, they describe what’s acceptable for the air overall. They are measured using a combination of air monitoring stations and computer modelling to understand how pollutants behave in the environment and whether the air meets these objectives.

We’re modernizing the way we protect outdoor air quality in New Brunswick. This means: 

• expanding the list of objectives to address 60 pollutants (up from the current list of five) 
• updated objectives for the existing list of pollutants, based on current research 
• new objectives for substances not previously regulated (e.g., formaldehyde and benzene) 
• alignment with the Canadian Ambient Air Quality Standards (CAAQS) 
• new odour-based objectives for some substances with strong and unpleasant smells  

Examples: 

• Particulate Matter (PM_2.5): These tiny particles come from sources such as smoke, dust and engine emissions. While New Brunswick currently has no specific limit, the proposed revisions introduce one based on strong public health research. 
• Mercaptans: New odour-based objectives to reduce nuisance smells — even if current levels do not cause health issues.  
• Benzene: Found in industrial emissions and known to impact health. New limits are proposed to protect people, especially those living near sources such as power plants, petroleum storage and processing facilities.  

There are thousands of possible air pollutants. The Government of New Brunswick has focused on the ones that: 

• are measured in New Brunswick’s outdoor air monitoring programs 
• are reported by industry through federal tracking systems 
• have health impacts backed by science  
• have been raised as concerns in New Brunswick communities 

Each substance was reviewed to assess potential health and odour effects.

An in-depth, technical document is available, which includes: 

• the full list of proposed objectives 
• background on how substances were selected 
• details on how air modelling and monitoring support the objectives 
• information for approval holders under the Clean Air Act 

Proposed Updates to New Brunswick Ambient AQOs (PDF 260 KB)

Clean Air Act Review Guide (PDF 208 KB)