Updating the Clean Water Act

The Government of New Brunswick has made protecting water quality a priority. Clean, safe water sustains our health, supports aquatic ecosystems and ensures the well-being of future generations.

The Clean Water Act is the province’s primary legislative tool for protecting water quality, quantity and aquatic environments. It covers the protection and management of surface water, groundwater, drinking water sources, watersheds and wetlands, including permitting and compliance tools that regulate activities affecting water quality and quantity. It has been in place since 1989, and we are now reviewing the act and its associated regulations to:

• modernize and strengthen protections for water quality, water quantity and aquatic ecosystems
• update permitting and management frameworks to reflect current practices and science
• improve transparency and access to information for water-related programs

Your input can help shape the future of the Clean Water Act and strengthen protections for water across New Brunswick.

This review focuses on water quality, water quantity and the legislative framework that supports it. It does not cover:

• Marine waters and offshore issues: These areas are federally regulated and outside the scope of the Clean Water Act.
• Municipal water service delivery models: The act sets rules for protecting water quality and quantity, but how municipalities deliver drinking water services is outside its scope.
• Private property disputes over water access or rights: These are civil matters and not addressed by the act.

Your feedback is essential to this process. Here’s how you can get involved: 

• October 22, 6:30 – 8 p.m. in Grand Falls
  Rodeway Inn (Ballroom), 10039 Road 144, Grand Falls
  (RSVP)
• October 23, 6:30 – 8 p.m. in Bathurst
  K.C. Irving Regional Centre (Salle Paul Ouellette Room), 14 Sean Couturier Ave., Bathurst
  (RSVP)
• October 28, 6:30 – 8 p.m. in Saint John
  Delta Saint John (Trinity Ballroom), 39 King St., Saint John
  (RSVP)
• October 29, 6:30 – 8 p.m. in Moncton
  Four Points by Sheraton (Rendezvous Room), 40 Lady Ada Blvd., Moncton
  (RSVP)
• November 5, 1:00 – 2:30 p.m. in Fredericton
  Fredericton Inn (Bicentennial Room), 1315 Regent St., Fredericton  
  (RSVP)

• November 20, 1 – 2:30 p.m. on Zoom | Virtual Session (Register to receive the link)

Please note that registration is  mandatory for in-person sessions. It is also required for the virtual session to receive the Zoom link.

The survey is anonymous and takes about 5-10 minutes to complete. It covers a broad range of questions related to the Clean Water Act.

Anyone who wants to provide input beyond the scope of the survey, or supplement their participation in engagement sessions, can provide feedback in writing. It’s also a good option if you’re unable to attend a session but want to have your voice heard.

Email a written submission

The department of Environment and Local Government (ELG) is asking for your feedback on the Clean Water Act and its regulations: how they work today, what could be improved and whether they reflect the needs and expectations of New Brunswickers. This will help shape updates to the act in the coming months.

We’ve grouped the review into six main themes. Each theme includes a set of questions for public consideration and feedback. The following areas of review represent a starting point for discussion. We recognize that water challenges are complex, diverse and evolving, and we are open to exploring additional topics, perspectives and opportunities.

New Brunswickers rely on clean water. Because of this, the department recognizes the importance of keeping people informed and providing opportunities to learn about decisions that affect water.

• how New Brunswickers currently access and use water information
• what other types of water information would be helpful for New Brunswickers
• what tools and approaches could help to further engage New Brunswickers, including online platforms or plain-language summaries

Certain activities require government approval to ensure they do not cause significant impact to water quality or quantity, and ultimately habitats or communities.

Examples include:

• Watercourse and Wetland Alteration Permits for activities near watercourses and wetlands
• Exemptions to the Wellfield and Watershed Designation Orders for activities in areas near local government drinking water sources
• Approvals to Construct and Operate for industries with wastewater discharges
• Environmental Impact Assessments (EIA) for new or expanding large developments listed in Schedule A of the EIA Regulation of the Clean Environment Act
• Licensing of Pesticide applicators

These permits and authorizations set out conditions to minimize impacts to water. They are also enforceable by the government.

• how permits are issued, renewed and enforced
• whether authorizations should have set terms and regular review periods
• how to ensure requirements are enforceable and consistent, clear and based on scientific information
• where the law’s definitions might be unclear or missing, to help make the rules easier to understand and apply

Monitoring and reporting provide the evidence needed to understand water quality and quantity, identify risks and assess whether protections are effective. Under the Clean Water Act, both the government and regulated industries have roles in collecting and sharing information.

Community-based monitoring groups also contribute valuable local knowledge and data, often filling in gaps that government programs cannot always cover.

• requirements for water monitoring, modelling and data-sharing
• how to ensure monitoring data is collected to high scientific standards and reported in a transparent, accessible way
• opportunities to better collaborate with watershed groups and community science initiatives to develop watershed management plans

ELG administers the Compliance and Enforcement Policy. Under the authority of the department’s environmental legislation, the Minister may issue orders, including but not limited to:

• stop work (cease and desist)
• control or stop the discharge of contaminants
• contamination cleanups
• removal of structures
• render an alteration in good repair

The Minister designates inspectors to administer this process, which can include site inspections, orders and penalties, such as tickets, fines and court proceedings for violations of the act and its regulations. Strong, transparent enforcement builds confidence, deters violations and demonstrates that protecting water is a shared priority.

• whether regulations under the Act drive compliance through clearly defined terms, thresholds, expectations and actionable requirements
• whether current enforcement tools (ex: warnings, fines, compliance orders) are effective
• how to improve transparency and clarity surrounding the enforcement process
• what additional tools or information may be helpful to ensure compliance

Watersheds connect headwaters, wetlands, rivers, lakes and coastal areas into a single system. Activities in one part of a watershed can influence water quality, habitats and communities downstream. The Clean Water Act provides tools to protect sensitive areas and manage the cumulative effects of these activities. The department undertakes, funds and guides watershed management activities such as water quality monitoring, assessment, reporting and action planning across the province. Water quality objectives are established by the Canadian Council of Ministers of Environment and New Brunswick’s water quality results are compared to these objectives and reported online annually.

• how the Act can better manage water for the entirety of the watershed
• ways to address cumulative impacts of multiple activities across a watershed
• approaches to balance environmental protection with sustainable economic and community development
• how to ensure consistency across the province when it comes to watershed management

Clean drinking water is fundamental to public health. The Clean Water Act plays an important role in protecting sources of drinking water for public systems that serve towns and cities, and for the thousands of New Brunswickers who rely on private wells.

Safeguarding drinking water includes preventing contamination at the source, ensuring standards and oversight for treatment and distribution systems, and promoting regular testing and maintenance of private wells. Public notification during water quality incidents is also critical for health and trust

• how to better protect sources of drinking water from contamination and overuse
• standards and oversight for public drinking water systems
• ways to encourage and support regular testing and protection of private wells
• how public notification and transparency can be strengthened

Share your feedback

We’ve also prepared a more fulsome Clean Water Act: Review Guide (PDF 350 KB) to help guide your thoughts on the Act and consider potential improvements for the future.

To learn more about the Clean Water Act, explore the following resources:

• About the Clean Water Act
• Watercourse and Wetland Alteration Permits
• Water quality data portal: lakes and rivers
• Healthy Environments (Office of the Chief Medical Officer of Health)
• Wetlands: Environment and Local Government
• Water: Environment and Local Government