Public participation in the air quality approvals

Understanding company duties and public input in the air approval process.

Overview

The public participation regulation calls for a formal public review process to take place whenever a large source of air pollution - a Class 1 facility - applies for an approval or wishes to renew or amend an existing approval. Such consultation must take place before final decisions are made.

A Class 1 source of air pollution is a facility that has a permitted rate of release of one or more of the following:

  • gas, exceeding three thousand actual cubic metres per minute
  • sulfur dioxide, exceeding two hundred and fifty tonnes per year
  • particulate matter, exceeding two hundred and fifty tonnes per year

Class 1 sources release the most emissions in the province. There are about 18 Class 1 facilities in New Brunswick, including power plants, pulp mills and large manufacturing plants. Other sources are designated as Class 2, 3 or 4 facilities, depending on the level of their emissions.

Only Class 1 sources have a formal, public participation component in their approval process. However, ithe department welcomes comments and questions about any approval at any time.

For companies

Notifying the public

a) A public notice regarding the review process is published in provincial newspapers as well as via media release. The notice outlines key information about the application, including:

  • the name and location of the source 
  • the expiry date of the current approval 
  • the period for public review 
  • the names of individuals to contact 
  • where to get information

If at any time, the expiry date of an existing approval is extended, there is a requirement to notify the public of the reason for the extension.

b) A summary of supporting documentation called Facility Profile accompanies each review of a Class 1 Approval. The document provides information for public review comment, including:

  • information about the operating processes of the facility
  • information on the emission of air contaminants
  • information on ground level concentrations of air contaminants
  • other information as appropriate

c) At the midway point of the process, an Interim Summary of Issues and Responses and a Draft Approval which will include proposed terms and conditions is made available to the public.

d) After the end of the public review period, a Final Summary of Issues and Responses and an Intended Approval which will include intended terms and conditions are made available to the public.

All of this information is available on the Department’s website at Current public review processes.

Opportunity for public review and input

a) There is a provision for a minimum public review period of 120 days and a requirement that the Facility Profile be available throughout this time. During this period, the public can review and comment on the Interim Summary and Draft Approval for at least 60 days.

b) Following the review period, the Final Summary and Intended Approval are made public at least 30 days before the proposed effective date of the approval. Throughout the process, the department may carry out additional activities to share information or gather input from the public. The expiry date of an existing approval may be extended for six months if, in the opinion of the responsible authority, more time is needed to complete the consultation.

Reporting to the public throughout the process

a) Midway through the process, an Interim Summary of Issues and Responses is available to the public. It includes a summary of the air quality issues raised and the minister's response to these issues.

b) Once the public review period has ended, a Final Summary of Issues and Responses is made available to the public. It includes a summary of the air quality issues raised throughout the review period and the minister's response to these issues.

c) If the minister decides not to issue, amend or renew an approval, the Final Summary is nonetheless made public as soon as possible.

Providing opportunity for an appeal

Under the Public Participation Regulation, individuals who are residents of New Brunswick may appeal the minister’s determination that the requirements respecting consultation have been met with respect to an application for an approval.

1. Appeal process

a) A person who wants to appeal the minister’s determination must serve the minister with a written appeal within 15 days after the minister has made public the intended approval and final summary report.

b) The appeal shall set out in detail the position of the person making the request as to why they believe the consultation requirements have not been met and shall include any supporting documentation and other pertinent information.

c) The appeal shall be delivered in person or sent by prepaid registered mail to the deputy minister of the Department of Environment and Local Government, P.O. Box 6000, Fredericton, New Brunswick E3B 5H1. Five days after the mailing date, any documents sent by prepaid registered mail are considered delivered.

2. The minister's response 

a) Once the written appeals received, the minister has 15 days in which to respond. The minister may choose to confirm or revoke the appealed decision.

b) This response will be delivered in writing, with reasons, to the person making the appeal.

c) These documents can be delivered in person, or they can be sent by prepaid registered mail to the last address reported to the minister. Five days after the mailing date, any documents sent by prepaid registered or certified mail are considered delivered.

The approval cannot be issued, amended or renewed until the minister has responded to any outstanding appeal in writing with reasons confirming or revoking his or her initial determination regarding consultation. There is a 15-day deadline for the Minister to respond to the appeal.

If the determination is revoked because of the appeal, the minister must take the necessary steps to meet the consultation requirements.

For the public: how to get involved in the Clean Air Act

When an application is received for a new Class I Approval or an existing one comes up for renewal, the Clean Air Act and the accompanying Public Participation Regulation make it possible for the residents to have a voice in the approval process. The following steps explain how to get involved:

Watching for news about Class 1 Approvals Processes

There are two ways to learn about upcoming Class 1 Approval processes. One way is to watch the provincial newspapers for a Department of Environment and Local Government announcement about the start of a process in the area. This notice will identify the owner of the facility, explaining where and how information can be found, providing the names of industry and department contacts and explaining where, how and when to provide comments. In the case of a renewal, this announcement will appear at least 180 days (six months) before the existing approval expires.

The second way is to check the Current public review processes section on this page, which is the government’s public information access site for New Brunswick’s Clean Air Act. It shows:

  • if there is a request for a new approval
  • when an existing approval is coming up for renewal
  • the status of the review process

Learning about the issues

The announcement of a Class 1 Approval issuance or renewal triggers a 120-day period for public comment. This is the time to learn more about the facility and about related issues.

Department and facility contacts

For every approval process, there is a range of people to contact for information, including a department’s project manager assigned to the approval and a contact at the facility:

  • for questions about the approval and the public participation process, contact the Authorizations Branch at 506-453-7945 or by email at elg/[email protected]
  • the facility must be contacted for information about its operations

Where to find information

Having access to relevant air quality information is crucial to participate in a meaningful way. One of the goals of the Clean Air Act is to encourage public participation by making it as easy as possible to obtain information. For this reason, a range of information is available from a variety of sources.

The web pages administrative penalties, orders and convictions and Air quality approvals and permits provide access to much of the required information that can be useful to anyone commenting on a Class 1 Approval renewal. Some of this information exists only on paper; some of it is available in a combination of paper or computer files.

The Register (required by the act) is a collection of computerized and paper files and records. It is legally required to provide:

  • copies of applications for approvals
  • copies of approvals
  • all paid administrative penalties, orders and convictions
  • a record of air quality agreements made by the minister

Public input welcome

The department welcomes comments and questions from individuals or community groups, which can be submitted anonymously. It is preferred to receive comments in writing, either by letter or email, so there is a precise record of the comments. It is important to include a date on whatever is sent.

Public updates provided

An approval and an interim summary of the key issues identified are issued and responses to those issues are prepared by the department’s staff, about halfway through the 120-day public comment period (with 60 days to comment remaining). Identified issues can also be included.

  • When the draft approval and interim summary are available, a notice is posted on this page, which includes a reminder of the final deadline for public comment on the approval being reviewed.
  • While the interim summary reflects all relevant public comment received by the department, individuals are not identified (when appropriate, the responses in the summary will refer to conditions in the draft approval, making it visible how the facility owner addresses the concerns).
  • All summaries and draft approvals are available directly on this page for public access.
  • Comments on the draft approval and issues raised in the interim summary are authorized for another 60 days.
  • After the public comment period, the department issues a news release announcing the availability of the final summary of issues and responses, the minister’s decision, and the intended approval. The minister’s decision is based on comments from the public and advice from appropriate department staff. These documents will be posted on this page once available:
    • if the minister is satisfied that all requirements have been met, the date of issuance or renewal of the approval is announced
    • if the minister does not feel confident that relevant issues have been addressed, or that there are other significant considerations, the review process and the existing approval can be extended for up to six months until a decision can be made

Ultimately, the minister makes all decisions on approvals based on the recommendations of the department's staff. However, there is a legal obligation to consult with the public on Class 1 Approvals, which the department takes very seriously and encourages the public to be involved.

Current public review processes

If a facility doesn't appear here, it is not currently under review (see Air Quality Operating Approvals)

Lake Utopia Paper

Lake Utopia Pulp & Paper Mill
Expires  2025/12/12

Approval Information:

Public Participation Process:

McCain Foods Limited

Florenceville Frozen Food Plant
Expires 2026/02/28

Approval Information:

Public Participation Process:

Irving Paper Limited

Saint John Pulp and Paper Mill
Expires  2026/03/31

Approval Information:

Public Participation Process:

Atlantic Wallboard Limited

Saint John, New Brunswick
Expires 2026/03/30

Approval Information:

Public Participation Process:

  • Notice (PDF 179 KB)
  • Interim Summary of Issues & Responses
  • Draft Approval
  • Final Summary of Issues & Responses
  • Intended Approval
  • Minister's Determination

Get help

If you have questions or need help, you can contact us Monday to Friday between 8:15 a.m. and 4:30 p.m., excluding holidays.

Authorizations Branch
Phone: 506-453-7945
Email: elg/[email protected]