The Appeal Regulation

From time to time, individuals and companies who are affected by the Minister's orders and other decisions may disagree with those decisions.

A property owner may not agree with the specific terms of a clean-up order.

An application for a licence, permit or approval may be refused, or it may be granted with terms and conditions that are unacceptable to the applicant.

These are typical of cases which the Clean Air Act's Appeal Regulation is intended to address.

The Regulations specify which decisions and orders can be appealed. Some, such as fines assessed under the Administrative Penalties Regulation, are not open to appeal.

Except where a Regulation says otherwise, an original order or decision will remain in effect while its appeal is in progress.

Within the limits of the Regulations, any person who is the subject of an order or other decision can ask the Minister to reconsider. This includes the owner of any property that is the subject of an order or decision.

Notice of Appeal

A person who wants to appeal an order or a decision must serve the Minister with a notice of appeal, within 15 days of the date he/she is notified of the order or the decision.

This notice should give all the particulars of the order or decision and explain the grounds for the appeal. The person making the appeal must also supply a New Brunswick address for the delivery of documents from the Minister.

The notice can be delivered in person or it can be sent by prepaid registered or certified mail to the Deputy Minister of the Department of Environment, P.O. Box 6000, Fredericton, New Brunswick E3B 5H1.

Five days after the mailing date, any documents sent by prepaid registered or certified mail are considered to have been delivered.

Written Submission

The person making the appeal may choose to explain the grounds for appeal in writing, including any supporting documents or related information.

This submission must be made, in writing, within 30 days of the original decision or order. It can be delivered in person or sent by prepaid registered or certified mail.

The Minister's Response

Once the written submission is received, or when the deadline for submissions has passed, the Minister will have 30 days in which to respond. The Minister may choose to confirm, vary or revoke the appealed decision or order.

This response will be delivered in writing, with reasons, to the person making the appeal. If any other person was notified of the original decision or order, that person will also be given a copy of the Minister's response.

These documents can be delivered in person, or they can be sent by registered or certified 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 to have been delivered.