Compliance and enforcement under the Clean Air Act

The Clean Air Act gives environmental inspectors the authority to enter any area where there might be a release of harmful pollutants that could affect air quality. They are allowed to perform tests to determine if a facility is following the law.

Inspectors can collect samples and review equipment, processes, and records to assess how the release of contaminants is impacting the environment. If they suspect a violation, they can keep any items needed as evidence. Additionally, inspectors must receive any assistance or information they require to carry out their inspections.

The Department of Environment and Local Government routinely investigates all complaints of suspected violations of the act. The response will vary, according to the complaint, which can range from a simple site visit to a formal investigation.

The act gives members of the public the right to ask the department to conduct a formal investigation and to report on its outcome.

An application may be made by any two residents of New Brunswick, 18 or older. The application must be in the form of a statutory declaration, meaning that statements about the nature of the offence and the evidence supporting the allegations must be sworn before a Commissioner of Oaths.

Once an application is received, the minister must direct the department to carry out a formal investigation and report the results in writing.

Anyone wishing to report a suspected offence under the Clean Air Act can request that their identity be kept confidential. The Department of Environment and Local Government will take steps to prevent the release of any information that might reveal that person's identity.

For minor offences, the act allows the department to assess a penalty through an administrative process instead of the courts. The Administrative Penalties Regulation sets up this process. The amount of an administrative penalty may vary from $200 to $5,000 and a person can only pay such a penalty three times for a similar offence, after which other enforcement action will be taken. More serious violations are still prosecuted in the court system.

If convicted of an offence under the Clean Air Act, an individual can be fined between $500 and $50,000 per day. For corporations, or anyone other than an individual, the penalty can range from $1,000 to $1 million. If the offender made money by violating the act, the fine may be higher so that no financial advantage is gained.

Compliance and enforcement information related to the Clean Air Act and its regulations. These are a result of legal proceedings in which a company or individual was found guilty of an offence and was sentenced accordingly.

Please note that all dates in this section follow the dd/mm/yyyy format.

Company: Pecheries FN Fisheries Ltd.
Date of offence: 01/01/2005
Location: Shippagan
Description: Released a contaminant (odours) which resulted in the substantial loss of the normal enjoyment of the use of property. Section 6(2)(c) of the Clean Air Act.
Date of conviction: 29/11/2006
Sentence: $10,000 fine

Company: Fraser Papers Inc. (Canada)
Date of offence: 13/08/2003
Location: Edmundston
Description: Released a contaminant which caused damage to property. Section 6(2)(a) of the Clean Air Act.
Date of conviction: 20/03/2006
Sentence: $8,000 fine

Company: J.D. Irving Ltd.
Date of offence: 07/09/2004
Location: Doaktown
Description: Violation of approval I-5957 condition #14, Section 3(2) Air Quality Regulation 97-133, Section 32(1)(b) Clean Air Act. 
Date of conviction: 16/05/2005
Sentence: $1,000 fine

Company: Gallant Enterprises Ltd.
Date of offence: 24/09/2004
Location: Edmundston
Description: Violation of approval I-4349 condition #16, Section 3(2) Air Quality Regulation 97-133, Section 32(1)(b) Clean Air Act. 
Date of conviction: 07/04/2005
Sentence: $1,200 fine

Company: Tri Gil Paving and Construction Ltd.
Date of offence: 06/11/2002
Location: Moncton
Description: Failed to comply with a term or condition of minister (provide financial security). Section 32(1)(b) of the Clean Air Act.
Date of conviction: 23/10/2003
Sentence: $1,000 fine

Company: Aurele Mallais and Fils Limitée
Date of offence: 21/09/2000
Location: St. Isidore
Description: Failed to comply with Ministerial Order (release of dust). Section 32(1)(b) of Air Quality Regulation.
Date of conviction: 27/02/2001
Sentence: $1,200 fine

Company: Fraser Papers Inc. (Canada)
Date of offence: 17/11/1999
Location: Edmundston
Description: Released a contaminant (cooked pulp fiber) Section 6(2)(a) of the Clean Air Act.
Date of conviction: 22/01/2001
Sentence: $1,200 fine

Specific compliance and enforcement information related to the Clean Air Act and its regulations. These are monetary fines paid by individuals or companies for minor offences that are not clearly intentional, or that cause limited harm to the environment.

Please note that all dates in this section follow the dd/mm/yyyy format.

Company: Twin Rivers Paper Company Inc.
Date of occurrence: 01/10/2012
Location: Edmundston, NB
Description: Did release smoke of a density greater than permitted by the Regulation, Section 14(1) of Regulation 97-133, Air Quality Regulation, Section 32(1)(b) of the Clean Air Act.
Date paid: 08/02/2013
Amount paid: $2,000.00

Company: Ray's Paving Inc.
Date of occurrence: 16/09/2009
Location: Drummond, NB
Description: In violation of an Approval to Operate (condition #33) Section 3(2) Air Quality Regulation (97-133) Section 32(1)(b) Clean Air Act.
Date paid: 12/04/2010
Amount paid: $1,000.00

Company: Fraser Papers Inc.
Date of occurrence: 01/09/2009
Location: Edmundston, NB
Description: Did release smoke of a density greater than permitted by the Regulation, Section 14(1) Air Quality Regulation, Section 32(1)(b) Clean Air Act.
Date paid: 04/04/2010
Amount paid: $1,000.00

Company: 059884 N.B. Inc. (Also known as Broville Manufacturing Company)
Date of occurrence: 18/04/2008 – 11/06/2008
Location: Saint John, NB
Description: Violation of Approval to Operate I-6183 condition #20(e) Section 3(2) Air Quality Regulation, Section 32(1)(b) Clean Air Act.
Date paid: 09/09/2008
Amount paid: $2,000.00

Company: Irving Oil Limited
Date of occurrence: 09/06/2007 – 20/06/2007
Location: Saint John, NB
Description: Release of Sulphur compounds from the sulphur block in excess of authorized limits of 15000 kg per calendar day as per condition 37(b) of your Approval to Operate I-4905 contrary to Section 3(2) Air Quality Regulation 97-133 and Section 32(1)(b) Clean Air Act.
Date paid: 25/06/2008
Amount paid: $4,000.00

Company: AV Nackawic Inc.
Date of occurrence: 12/06/2007
Location: Nackawic, NB
Description: Tests results exceeding approved limits of Condition #31 of Approval to Operate 1-5051. Violation of Section 3(2) Air Quality Regulations contrary to 32(1)(b) Clean Air Act.
Date paid: 20/11/2007
Amount paid: $1,200.00

Company: UPM-Kymmene Miramichi Inc.
Date of occurrence: 14/02/2007
Location: Miramichi, NB
Description: Violation of the Smoke Density Standard, Sec. 14(1) Air Quality Regulation, contrary to Sec. 32(1)(b) Clean Air Act.
Date paid: 05/07/2007
Amount paid: $1,500.00

Company: UPM-Kymmene Miramichi Inc.
Date of occurrence: 17–18/01/2006
Location: Miramichi, NB
Description: Violation of Approval to Operate (condition #17) Section 3(2) Air Quality Regulation, Section 32(1)(b) Clean Air Act.
Date paid: 28/02/2007
Amount paid: $2,800.00

Company: Gracien Rioux Holdings Ltd.
Date of occurrence: 25/04/2006
Location: Grand Falls, NB
Description: Violation of Approval to Operate (Condition #33) Section 3(2) Air Quality Regulation (97-133) Section 32(1)(b) Clean Air Act.
Date paid: 02/02/2007
Amount paid: $1,000.00

Company: Gracien Rioux Holdings Ltd.
Date of occurrence: 25/04/2006
Location: Grand Falls, NB
Description: Violation of Approval to Operate (Condition #41) Section 3(2) Air Quality Regulation (97-133) Section 32(1)(b) Clean Air Act.
Date paid: 02/02/2007
Amount paid: $1,500.00

Company: AV CELL INC.
Date of occurrence: 07/06/2006
Location: Atholville, NB
Description: Violation of Approval to Operate (Condition #16) Section 3(2) Air Quality Regulation (97-133), Section 32(1)(b) Clean Air Act.
Date paid: 07/06/2007
Amount paid: $2,500.00

Company: Classic Construction Ltd.
Date of occurrence: 15/07/2005
Location: Garnett Settlement, Saint John County, NB
Description: Violation of Approval to Operate Section 3(2) Air Quality Reg 97-133, Section 32(1)(b) Clean Air Act.
Date paid: 16/12/2005
Amount paid: $500.00

Company: Mira Construction Ltd.
Date of occurrence: 01/12/2004
Location: Noonan, NB
Description: Did unlawfully burn material in an open fire without the written permission of the Minister, contrary to Section 19(1) Air Quality Reg 97-133 and in violation of Section 32(1)(b) Clean Air Act.
Date paid: 10/03/2005
Amount paid: $500.00

Company: Irving Oil Limited (Refining Division)
Date of occurrence: 15–17/04/2004
Location: Saint John, NB
Description: Release of sulphur dioxide exceeding the maximum permissible ground level concentrations as per Schedule C, in violation of Section 21(2) NB Regulation 97-133, Clean Air Act.
Date paid: 16/11/2004
Amount paid: $3,000.00

Company: Fraser Papers Inc. (Canada)
Date of occurrence: 24/02/2004
Location: Edmundston, NB
Description: Release of smoke of a density greater than permitted by the Regulation, Section 14(1) Air Quality Regulation, Section 32(1)(b) Clean Air Act.
Date paid: 16/06/2004
Amount paid: $3,000.00

Company: Atcon Construction Inc.
Date of occurrence: 20/11/2003
Location: Grand Falls, NB
Description: Open Burning without a Permit, Section 19(1) Air Quality Regulation, Clean Air Act.
Date paid: 22/04/2004
Amount paid: $500.00

Company: Richard St. Coeur
Date of occurrence: 04/11/2002
Location: Warwick Settlement, NB
Description: Burning of material in an open fire without an approval, Sec. 19(1) Air Quality Regulation, Sec. 32(1) Clean Air Act.
Date paid: 14/05/2003
Amount paid: $250.00

Company: Fraser Papers Inc. (Canada)
Date of occurrence: 26/04/2002
Location: Edmundston, NB
Description: Release of smoke of a density greater than permitted by the Regulation, Section 14(1) Air Quality Regulation, Section 32(1)(b) Clean Air Act.
Date paid: 20/02/2003
Amount paid: $1,500.00

Company: Fraser Papers Inc. (Canada)
Date of occurrence: Between 09/06/2001 and 21/06/2001
Location: Edmundston, NB
Description: Operate a source in a manner not in accordance with the Terms and Conditions of Certificate of Approval (I-2432), Section 3(2) of the Air Quality Regulation, Section 32(1)(b) Clean Air Act.
Date paid: 01/08/2002
Amount paid: $1,500.00

Company: Irving Oil Limited (Refinery)
Date of occurrence: 25/05/2001
Location: Saint John, NB
Description: Release of smoke of a density greater than permitted by the Regulation, Section 14(1) Air Quality Regulation, Section 32(1)(b) Clean Air Act.
Date paid: 21/05/2002
Amount paid: $2,500.00

Company: Fraser Papers Inc. (Canada)
Date of occurrence: 05/09/2001
Location: Plaster Rock, NB
Description: Release of smoke of a density greater than permitted by the Regulation, Section 14(1) Air Quality Regulation, Section 32(1)(b) Clean Air Act.
Date paid: 24/01/2002
Amount paid: $2,500.00 fine

Company: Fraser Papers Inc. (Canada)
Date of occurrence: 22/08/2001
Location: Plaster Rock, NB
Description: Release of smoke of a density greater than permitted by the Regulation, Section 14(1) Air Quality Regulation, Section 32(1)(b) Clean Air Act.
Date paid: 24/01/2002
Amount paid: $1,000.00 fine

Company: Energie NB Power
Date of occurrence: 04/03/2000
Location: Dalhousie, NB
Description: Failure to comply with condition #21 of the air quality approval I-1322, Section 3(2) Air Quality Regulation, Section 32(1)(b) Clean Air Act.
Date paid: 27/03/2001
Amount paid: $1,000.00 fine

Company: John Sprague
Date of occurrence: 02/01/2000
Location: Canal, NB
Description: Burning the insulation covering from electrical wire without an Approval. (19(1) Air Quality Regulation, 32(1) Clean Air Act).
Date paid: 15/09/2000
Amount paid: $250.00

Company: Weyerhaeuser Co. Ltd.
Date of occurrence: 16/02/2000
Location: Miramichi, NB
Description: Failure to comply with Condition C-7 of the air quality Approval I-1787. (32(1) Clean Air Act).
Date paid: 30/10/2000
Amount paid: $2,000.00

Company: Travis Fulton
Date of occurrence: 16/05/2000
Location: Saint John, NB
Description: Burning the insulation covering from electrical wire without an Approval. (19(1) Air Quality Regulation, 32(1) Clean Air Act).
Date paid: 13/12/2000
Amount paid: $250.00

Company: Shane James
Date of occurrence: 16/05/2000
Location: Rothesay, NB
Description: Burning the insulation covering from electrical wire without an Approval. (19(1) Air Quality Regulation, 32(1) Clean Air Act).
Date paid: 11/12/2000
Amount paid: $250.00

These are orders issued by the minister of the Environment and Local Government or someone designated by the minister to a company or an individual requiring them to undertake specific activities.

Please note that all dates in this section follow the dd/mm/yyyy format.

N.K. Lumber (1996) Ltd.
Location: Stickney
Date of occurrence: 28/06/2004
Section: 32(1) Clean Air Act
Description: Outstanding for sawdust emissions from a sawmill

Debly Construction / Raymond Debly
Location: Saint John
Date of occurrence: 23/04/2002
Section: 32(1) Clean Air Act
Description: To control dust and noise from gravel pit

Conrad Lavoie et Fils Ltée
Location: Saint Basile
Date of occurrence: 19/09/2000
Section: 32(1) Clean Air Act
Description: Permanent to control dust emissions from a gravel pit operation

Enco-Tec Environmental Technol Amherst, NS
Location: Moncton
Date of occurrence: 06/05/1999
Section: 32(1) Clean Air Act
Description: Remediation of a petroleum contaminated site

There are orders which are not specific to compliance and enforcement activities but do have an overall impact on air quality management. They include instances when the minister issues an order to designate a contaminant under the act or modify the requirements of an existing one; establish an air quality objective, which is either numeric (relates to a specific contaminant) or narrative (relates to achieving a specific air quality management goal). 

Order: Establishing Air Quality Objectives (PDF 170 KB)
Location: Province-wide
Date of Order: 28/03/2002
Authority for Order: 8(4) Clean Air Act
Subject of Order: Establishing objectives for:

• Carbon monoxide
• Hydrogen sulphide
• Nitrogen dioxide
• Sulphur dioxide
• Total suspended particulate