Primer #1: A Citizen’s Guide to the Policies,
Rules and Procedures to Protect
New Brunswick Watersheds
Petitcodiac Riverkeeper
September 2008
Petitcodiac Riverkeeper would like to thank our project partners for their support:
TABLE OF CONTENTS
1.0
Introduction _____________________________________________________ 2
2.0
Federal Legislation _______________________________________________ 3
2.1
Fisheries Act ___________________________________________________ 3
2.1.1
Section 20 __________________________________________________3
2.1.2
Section 35 __________________________________________________3
2.1.3
Section 36 __________________________________________________4
3.0
Provincial Legislation _____________________________________________ 5
3.1
Clean Environment Act ___________________________________________ 5
3.1.1
3.2
Water Quality Regulation ______________________________________5
Clean Water Act ________________________________________________ 6
3.2.1
Watercourse Alteration Regulation ______________________________6
3.2.2
Watercourse Setback Designation Order __________________________7
4.0
How to Get an Environmental Investigation Started ___________________ 9
4.1
Visit the Site ___________________________________________________ 9
4.2
Document Everything ____________________________________________ 9
4.3
Contact the Petitcodiac Riverkeeper and Government Agencies ___________ 9
4.4
Gather More Facts______________________________________________ 10
4.5
Inform Your Community ________________________________________ 11
APPENDIX 1: INCIDENT FORMS ______________________________________ 12
A Citizen’s Guide to the Policies, Rules and Procedures to Protect New Brunswick Watersheds
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1.0
Introduction
“The mandate of a Riverwatcher is to OBSERVE, TAKE ACTION and EDUCATE.”
As a Riverwatcher you know that an important part of maintaining a healthy ecosystem is to
ensure that everyone in the community takes part in the commitment to protect and promote the
integrity of our environment. To this end, this Riverwatch Primer will give you the basic tools
and knowledge you will need to fulfill your mandate.
The Primer will provide you with an overview of relevant federal and provincial legislation
related to watershed protection. Riverwatchers must not only be able to observe environmental
infractions, but be able to identify the nature of the problem. Once familiar with general
legislation and regulations, the next step for Riverwatchers is to learn how to report and take
action on improper activities. The second part of this Primer will offer you a step-by-step guide
on how to create a log, file a complaint and ensure a successful follow up to your concerns.
The purpose of this Primer is not only to provide you with a general framework to carry out your
Riverwatcher duties, but to provide you with the knowledge necessary to inform others about
your findings. One of the Riverwatcher’s most important roles is to help local community
members understand the importance of protecting the ecological integrity of their watershed.
The information provided in this Primer is not intended to be legal advice. Rather, this Primer
summarizes existing opportunities for citizen participation in the fight for clean water and a
healthy ecosystem. After all, it is local citizens like you who are most affected by pollution
infractions and best equipped to get polluters to clean up their act!
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2.0
Federal Legislation
The primary federal legal tool dealing with water protection is the Fisheries Act. An offence
under this Act or under its regulations can result in a fine up to $1,000,000 and/or imprisonment
for a term not exceeding three years.
2.1
Fisheries Act
The Fisheries Act is designed to protect fish, shellfish, crustaceans and marine animals in
Canadian fishing zones, all Canadian territorial seas and all internal Canadian waters. The
Fisheries Act is administered by Fisheries and Oceans Canada (DFO). Of particular importance
is Section 20 dealing with fish passage and Sections 35 and 36 related to the protection of fish
habitat.
2.1.1
Section 20
The purpose of this section of the Act is to ensure the free-flow of fish in watercourses. Section
20(1) of the Fisheries Act requires that every obstruction across or in any stream, where the
Minister determines it to be necessary for the public interest that a fish-pass should exist, shall be
provided by the owner and must be maintained in a good and effective condition by the owner.
An obstruction is defined as any slide, dam or other obstruction impeding the free passage of
fish. For example, obstructions to fish passage in our watershed include the Petitcodiac and
Memramcook River causeways, the Mill Creek dam in Riverview, and the Humphreys Brook
dam in Moncton.
2.1.2
Section 35
The purpose of this section of the Act is to protect and prevent damage to fish habitat. Section
35 of the Act prohibits any person from carrying on work or undertaking that may result in the
harmful alteration, disruption or destruction (HADD) of fish habitat. Fish habitat is defined in
the Act as “spawning grounds and nursery, rearing, food supply and migration areas on which
fish depend directly or indirectly in order to carry out their life processes.”
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Although the definition of HADD is not specified in the Act, its broad interpretation takes into
account any activity that impairs or changes fish habitat and reduces its capacity to support the
life processes of fish. This would include, for example, the ability of a stream to act as spawning
ground or as a food source.
Activities that cause HADD of fish habitat require authorization from DFO. Any Section 35
authorization typically includes the types of activities that may be carried out, how the work is to
be completed, and specific times in which the work can be undertaken.
2.1.3
Section 36
The purpose of this section of the Act is to protect the waters frequented by fish. Section 36
prohibits the deposit of a deleterious substance of any type in water frequented by fish. Water
frequented by fish is defined in the Act as “Canadian Fisheries Waters” described as “waters in
the fishing zones of Canada, all waters in the territorial sea of Canada and all internal waters of
Canada.”
The term “deleterious substance” is defined as “a substance that if added to water would render it
deleterious to fish, fish habitat, or the use of fish by man.” The term “deposit” is defined as “any
discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying,
throwing, dumping or placing.” Deposit of any deleterious substance under Section 36 requires
authorization from DFO.
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3.0
Provincial Legislation
The Province of New Brunswick has two main laws dedicated to the protection of our water –the
Clean Environment Act and the Clean Water Act. An offence under one of these statutes usually
results in the Minister issuing an order to control or stop the discharge, require the clean-up of
contaminated sites or collect fines from individuals.
3.1
Clean Environment Act
The Clean Environment Act regulates all aspects of contaminants including their discharge and
emission. A contaminant is defined as anything that is in excess of the natural constituents of the
environment and that endangers the health, safety or comfort of a person or the health of animal
life. This definition also includes substances which cause damage to property, plant life and the
normal conduct of business and enjoyment of life.
In addition, the Clean Environment Act contains a number of regulations. A regulation is a legal
instrument which is used to control a particular activity.
3.1.1
Water Quality Regulation
The purpose of this regulation is to prohibit any person from discharging any contaminant that
may directly or indirectly cause water pollution to any waters of the Province without a permit.
Water pollution is defined under the regulation as anything that is likely to make the water
harmful to public health, safety or welfare. In addition, the definition includes making the water
harmful or less useful for domestic, municipal, industrial, agricultural, recreational or other
lawful uses, including the use of water by animals, birds and aquatic life.
The Water Quality Regulation is primarily used to regulate industrial operations. The regulation
directs a process whereby applications for approvals are submitted to the Minister and an
environmental review is conducted by Department of Environment staff.
Approvals under the Water Quality Regulation are issued if an application is made to the
Minister at least 90 days prior to construction, modification, or operation of contaminant sources,
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sewage works or waterworks. Typically, approvals are accompanied by conditions which
control construction and operational activities including the quality and quantity of contaminants
which may be discharged from a facility. A written objection to the issuance of an approval can
be made by any person or unincorporated organization. All applications, approvals and permits
are accessible to the public and can be found in the public registry.
If contaminant source operations, sewage works or waterworks are constructed, modified or
operated without an approval, the Minister may direct an investigation, terminate the operation
or make modifications to the operation. The party responsible for the operations must report to
the Minister immediately and must make every effort to reduce environmental impacts.
3.2
Clean Water Act
The Clean Water Act provides control and regulation of New Brunswick waters. The Act defines
“waters of the Province" as all water including ground water, surface water, any ice on a body of
water and coastal water within the jurisdiction of the Province. Two important regulations under
the Clean Water Act include the Watercourse Alteration Regulation and the Watercourse Setback
Designation Order.
3.2.1
Watercourse Alteration Regulation
The main objective of the Watercourse Alteration Regulation is to protect the banks and bed of a
watercourse from activities which will unduly affect the function of the watercourse. This may
include water pollution as a result of:

Construction or operational activities;

Uncontrolled landscaping:

Forestry activities; and

Installation of dams and other water control structures.
A watercourse is defined in the Act as any part of a river, creek, stream, spring, brook, lake,
pond, reservoir, canal, ditch or other natural or artificial channel open to the atmosphere, the
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primary function of which is containment of water whether the flow be continuous or not. In
addition, wetlands in New Brunswick are considered watercourses.
Any person working within a watercourse, for example by removing gravel from the bed or bank
of a watercourse, or installing a bridge or culvert, must obtain a Watercourse and Wetland
Alteration (WAWA) permit from the Minister of Environment. In addition, any activities within
30 metres of a watercourse, such as disturbing soil or cutting trees, requires a WAWA permit.
Permits typically state what activities are permitted, how the work is to be done, and whether or
not activities are limited to certain times of the year due to flow conditions or fish migration
issues.
For example, a WAWA permit is required when undertaking the following within 30 metres of a
watercourse:

Construction of structures such as retaining walls, culverts, breakwaters and bridges;

Installation or modification of a dam;

Repairs to existing structures on or adjacent to a watercourse including building or
maintaining a drainage ditch or roadway;

Operating heavy machinery;

Disturbing ground and soil;

Depositing or removing material such as fill, sand, or mud;

Draining, pumping, or otherwise taking water from a watercourse; and

Creating or altering a pond connected to a watercourse.
If the terms of the WAWA permit are not followed or if work is being done without a permit, the
Minister of Environment may issue a stop work order and/or an order to remove or repair the
work that has been done. If convicted of an offence under this Regulation, an individual may be
fined up to $50,000, while the fine for corporations may be as high as $1,000,000.
3.2.2
Watercourse Setback Designation Order
The Watercourse Setback Designation Order (also called Protected Areas Designation Order)
forms part of the Province’s Watershed Protection Program. The Order is designed to provide
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protection of surface water used for public water drinking supplies and has the same power as a
regulation.
Each designated area consists of three distinct zones:

The watercourse itself;

A 75-metre setback zone; and

The remainder of the watershed’s drainage area, which includes the land area located
outside the setback zone but inside the watershed boundaries.
Within these protected areas, certain activities and land uses are strictly controlled to prevent the
discharge of contaminants from point sources (e.g. pipes) and non-point sources (e.g. surface
runoff from land). For example, types of activities which are allowed within the 75-metre
setback zone include, but are not limited to:

Operation of motorized recreational vehicles such as ATVs but only approved
watercourse crossings can be used;

Low impact recreational activities such as cross-country skiing;

Maintaining or upgrading an existing septic system or maintaining your residence; and

Some forestry, agriculture, and mineral exploration activities.
The Order is applicable to 30 watersheds in New Brunswick, including Turtle Creek and
McLaughlin Road Reservoirs in the Greater Moncton Area.
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4.0
How to Get an Environmental Investigation Started
In order to get an environmental investigation going, you need to present reasonable and
probable grounds to believe that an offence is being committed.
4.1
Visit the Site
Visit the site that you are concerned about. Walk around the perimeter. Important questions to
consider include:

How big is the site?

What kind of land uses are in the area?

Is it an industrial area or residential?

What is the address? Company name?

Is there water nearby? What kind of wildlife or fish do you see?

Are there pipes that lead to the water? What kind of discharge do you see?
4.2
Document Everything
Always be ready to document your findings:

Make a note every time you notice what you believe to be an environmental infraction.

Take a picture or make a video if you can. Even if this happens every day, you should
make a separate note each time.
4.3

It is important to note the duration and frequency of the problem.

Compile a log of all your findings.
Contact the Petitcodiac Riverkeeper and Government Agencies
Speaking with government officials can be challenging. You must prepare in advance and be
very clear about you expect them to do. Some guidelines to keep in mind include:
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
Call the Petitcodiac Riverkeeper and the federal or provincial government department
responsible for your particular problem immediately.

Report clearly the exact nature of the pollution problem, including the source, type,
duration and frequency.

Provide a statement describing when you became concerned, why you became
concerned, and lists any environmental impacts you have observed.

Clearly state that you have copies of photographic or video evidence that documents the
environmental impacts.

Obtain the name of the person to whom you are speaking and the file number assigned to
your complaint.

Find out whether or not other individuals have complained about the same problem.

Advise the person to whom you are speaking that a letter will follow. In the letter, request
that you be kept informed of all action that is taken with respect to your problem.

4.4
Keep an extra copy of your reports and log the dates and times of your communications.
Gather More Facts
The fight against polluters doesn’t end by simply calling the government. Important steps must
be taken to further your investigation. As the investigation proceeds you will need to be able to
answer the following questions:

Where is the pollution coming from?

Who controls the source of the pollution?

Is the pollution licensed or permitted?

What does the license say?

Is the pollution in compliance with the license?

Have there been any complaints or charges in the past?
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4.5
Inform Your Community
Contact and inform your neighbors! It is important to inform other community members about
your findings and concerns. The local community needs to understand the importance of
protecting the ecological integrity of their watershed. Share your thoughts and ideas and work
together! Each individual can contribute in a different, yet equally important way. Support from
others will help you continue the fight for clean and healthy watersheds!
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APPENDIX 1: INCIDENT FORMS
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Short Incident Report Form
General Information
Observer name _______________________________________________________
Daytime phone ______________
Email address _____________________
Incident date
______________
Incident time _____________________
Water body
____________________
City/Town
____________________
Province
Lat./Long.
____________________
Loc./river mile______________________
______________________
Reporting date ____________________
Incident Information
Type of problem
________ Emergency
________ Urgent
________ Chronic
Type of incident (please check all that apply)
________ Fish kill
________ Other wildlife
________ Sewage
________ Oil spill
________ Chemical spill
________ Industrial discharge
________ Illegal fill
________ Dredging
________ Dumping
________ Shoreline Development
________ Other (explain)
Resources at risk
________________________________________________
Probable source(s)
________________________________________________
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Size of affected area
________________________________________________
Owner/operator info.
________________________________________________
(Name, address, phone)
________________________________________________
Action(s) taken
________________________________________________
(i.e. Agencies contacted) ________________________________________________
Photos/video available
________ Yes
________ No
General description and notes (please attach any relevant documentation or photos):
Please keep one copy of this form for your records and mail (Petitcodiac Riverkeeper, P.O.
Box 300, Moncton, NB E1C 8K9) or email (info@petitcodiac.org) the original within 24
hours.
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Long Incident Report Form
General Information
Observer name _______________________________________________________
Daytime phone ______________
Email address ____________________
Incident date
______________
Incident time _____________________
Water body
____________________
City/Town
____________________
Province
Lat./Long.
____________________
Loc./river mile______________________
______________________
Reporting date ____________________
Incident Information
Type of problem
________ Emergency
________ Urgent
________ Chronic
Type of incident (please check all that apply)
________ Fish kill
________ Other wildlife
________ Sewage
________ Oil spill
________ Chemical spill
________ Industrial discharge
________ Illegal fill
________ Dredging
________ Dumping
________ Shoreline Development
________ Other (explain)
Resources at risk
________________________________________________
Probable source(s)
________________________________________________
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Size of affected area
________________________________________________
Owner/operator info.
________________________________________________
(Name, address, phone)
________________________________________________
Action(s) taken
________________________________________________
(i.e. agencies contacted) ________________________________________________
Photos/video available
________ Yes
________ No
General description and notes (please attach any relevant documentation or photos).
Incident Conditions
Water body data (please record in meters; either approximate or exact is acceptable)
Approx. width ____________________
Exact width ________________________
Approx. depth ____________________
Exact depth________________________
Stream flow (please check)
________ Very slow
________ Slow
________ Swift
________ Very swift
________ Moderate
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Surface conditions (please check)
________ Calm
________ Light chop
________ Heavy chop
________ Swells
Weather conditions (please check all that apply)
________ Fog
________ Rain
________ Snow
________ Percent cloud ________ Other (explain)
Wind speed (please check and add speed if known)
________ None
________ Calm
________ Gusty
Wind direction (please check)
__ N
__ NE
__ E
__ SE
__ S
__ SW
__ W
__ NW
Additional Notes
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