Approvals and regulations

The Clean Air Act aims to protect air quality by controlling contaminants released into the atmosphere.

Key elements include:

Air quality approvals: required for facilities emitting pollutants, with terms and conditions tailored to operations.

Compliance and enforcement: offenses such as exceeding emissions limits or violating terms may result in fines or penalties.

Public participation: the act encourages active public involvement in Class 1 air quality approvals through consultations and comment periods.

This framework ensures New Brunswick’s air remains clean and aligns with provincial and national environmental goals.

The air quality regulation is designed to protect and improve air quality by managing the release of harmful substances into the atmosphere.

It classifies sources of air pollution based on the amount and type of emissions they produce, and:

• sets limits on smoke density and contaminants in petroleum products
• establishes maximum ground-level concentrations for key pollutants
• outlines a system of air quality approvals, which are required by law 

In New Brunswick, no one may construct, operate or modify a source of air pollution without first obtaining an air quality approval. This approval is legally required for owners or operators of any facility that emits air contaminants and applies to most industrial operations and some commercial or institutional facilities, whether new or existing. 

Under the Clean Air Act, a contaminant is anything foreign to the environment. This may include a natural substance that is present in unnaturally large amounts. In addition to the substances presently defined as contaminants in the act, the minister may also designate them as contaminants for the purpose of the act. With or without an approval, however, no one can release a contaminant if it may:

• cause substantial loss of the normal enjoyment of the use of any property
• damage property 
• interfere with the normal conduct of business 

The act also allows the minister to set emission standards for specific industries, for parts of the province, or for provincewide application. When the terms of an approval are not followed, the minister may suspend or revoke it. The approvals carry the force of law and include specific terms and conditions that must be followed. 

Applicants must submit a completed approval form along with the required fee. The process involves reviewing the application, developing and issuing the approval and verifying ongoing compliance. The time and effort required to process an application depends upon the complexity of the facility and its potential environmental impact.

Annual fees for air quality approvals are categorized into five classes based on facility complexity and risk: Class 1A, 1B, 2, 3, and 4—with Class 1A representing the most complex facilities and Class 4 the least.

1. Determine when to apply:
   • Class 1: apply at least 240 days before construction, operation or expiry of your current approval
   • other classes: apply at least 90 days in advance (timelines may vary depending on project complexity)
2. Complete the application form:
   • download the form (PDF 350 KB) for your approval class
   • ensure all information is accurate, complete, and includes any facts that could affect the decision
3. Participate in public consultation (if required). 
   • Some applications may require public consultation. Be prepared to take part in this process if necessary.
4. Wait for a decision
   • If the application is refused, you will receive written notification, including the reasons for the decision.
5. Approval term and renewal:
   • valid for up to five years
   • renewable for another five years or less
6. Follow terms and conditions:
   • each approval includes specific requirements
   • you may request changes using the same application process

Sources of air pollution are classified into four categories:

• Class 1: large industrial facilities (e.g., pulp mills, oil refineries, power plants)
• Class 4: small operations (e.g., rock quarries, concrete plants)

Class 1 facilities must go through a public consultation process, as outlined in the public participation regulation under the Clean Air Act.

Maximum permissible ground level concentrations

The release of carbon monoxide, hydrogen sulfide, nitrogen dioxide, total suspended particulates and sulfur dioxide are restricted, so that ground level concentrations as prescribed in the regulation are not exceeded. Also, maximums are set for sulfur dioxide at ground level in the counties of Charlotte, Kings and Saint John.

Step 1:

1. Create an IAM (Identity and Access Management) account with Service New Brunswick.
2. After an IAM Account is created, an email will be sent with a personal User ID and Account Number. Keep this information as these items are required to complete the form in the next step.

Step 2:

Complete the three parts of the Client Authentication Registration Forms and attach an image of a void cheque. 
 
Part 1 - Client registration (PDF 141 KB) 
Part 2 - Financial officer registration (PDF 144 KB) 
Part 3 - Client administrator registration (PDF 123KB)

Step 3:

1. Email the completed documents to [email protected]
2. Within an estimated two business days an email will be received confirming activation of the account and instructions on how to proceed.