The Public Participation Regulation contains a number of information requirements and minimum time frames in relation to the public review of Class 1 Air Quality Approvals and draft Air Quality Objectives. Highlights of the resulting legislated requirements are described below.
Notifying the Public
A Public Notice regarding the review process is published in a newspaper of general circulation in the area of the Province where the source is located. The notice outlines key information about the application, including:
If, after the initial notification, it is determined that the source does not require a Class 1 Approval, an amendment, or the application is withdrawn, there is a requirement to notify the public of this fact and cease the public review process.
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.
Providing Information to the Public
A summary of supporting documentation called a Facility Profile, accompanies each review of a class 1 Approval. The Profile provides information for public review comment, including:
The Facility Profile is available in the regional office closest to the source and may be available on the Internet. Any N.B. resident can obtain a copy free of charge.
At the midway point of the process, if the Minister proposes to issue, amend or renew an approval, an Interim Summary of Issues and Responses and a Draft Approval which will include proposed terms and conditions is made available to the public.
After the end of the public review period, if the Minister decides to issue, amend or renew an approval, a Final Summary of Issues and Responses and an Intended Approval which will include intended terms and conditions are made available to the public.
Providing Opportunity for Public Review and Input
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 period.
During this period, the public has an opportunity to review and comment on the Interim Summary and Draft Approval for a minimum period of 60 days.
Following the review period, the Final Summary and Intended Approval are made available to the public at least 30 days prior to the date the Minister proposes to make the Approval effective.
Throughout the process, the Minister has the option of conducting other activities for the purpose of providing information or receiving input from members of the public.
The expiry date of an existing approval can be extended for 6 months, if in the opinion of the Minister, further time is required for the consultation to be completed.
Reporting to the Public throughout the Process
At the midway point of the process, an Interim Summary of Issues and Responses is made available to the public. It includes a summary of the air quality issues raised and the Minister's response to these issues.
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.
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
The Minister determines on a case-by-case basis whether reasonable steps have been taken to inform the public and receive public input.
This allows any resident of New Brunswick to Appeal the Minister's determination relevant to meeting the requirements for consultation within 15 days after the Intended Approval is made public.
The Appeal is required in writing and should include a detailed explanation of the position and reason why he or she believes the requirements relevant to consultation have not been met. This communication should include any supporting materials.
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 Minster to respond to the appeal.
If as a result of the Appeal, the determination is revoked, the Minister must take the necessary steps to meet the consultation requirements.
A Proposed Plan for achieving the intended objectives is prepared for public review. The Plan is made available at the same time as the notification appears and the Intended Objective is available for public review.
The provision of a minimum Public Review Period of 90 days following public notice is referenced in the Clean Air Act.
Following the public review period, a Summary of Comments received and responses to these issues is made available to the public.
In the Clean Air Act there is a requirement for the Minister to Report annually in the Legislature on the province's success in achieving Air Quality Objectives.