Right to a Healthy Environment

Summary#

• Bill 23 creates an Environmental Bill of Rights for New Brunswick. Its main goal is to give every resident, including children, a right to a healthy environment and to make government more open and accountable on environmental decisions.

• The bill sets up an independent Environmental Rights Commissioner, a public online registry for environmental information, and clear ways for people to take part in decisions.

• It also adds protections for workers who speak up about environmental harms and gives residents more ways to ask for reviews, investigations, or court action.

• Key changes and impacts:

  • Recognizes a legal right to a healthy, ecologically balanced environment for all residents.
  • Requires a public environmental registry with information on proposals, decisions, and actions that could affect the environment.
  • Requires a Statement of Environmental Values with goals for environmental and children’s health, to guide government decisions.
  • Creates an Environmental Rights Commissioner to oversee the Act, help the public, and report each year.
  • Lets any resident seek judicial review of government decisions related to environmental rights and bring civil actions to prevent or stop environmental harm.
  • Protects employees from reprisals if they report or take part in environmental matters in good faith.

What it means for you#

• Residents

  • You gain a recognized right to a healthy environment.
  • You can follow, comment on, and influence government proposals through a public online registry and required consultations.
  • Any two residents can ask for a review of laws or policies, or request an investigation into alleged violations of listed environmental rules.
  • You can ask a court to review a government decision on environmental rights, even if you are not directly affected.
  • You may bring a civil case to stop someone from breaking provincial environmental rules if it causes or could soon cause environmental harm. If money damages are ordered, they go to government for environmental restoration, not to you.

• Children and families

  • Children’s environmental health is a focus. Goals must address children’s health, and the Commissioner can receive and investigate matters on behalf of children.
  • Confidentiality rules protect the identity of children and families in reports.

• Indigenous peoples

  • The Act is to be applied in a way that supports Indigenous rights, including participation in decisions that could affect their rights and the conservation of lands, waters, and biodiversity.

• Workers and employees

  • If you report environmental concerns, take part in consultations, or give evidence in good faith, your employer cannot legally punish you for that.
  • If reprisals happen, you can file a complaint. The Labour and Employment Board can order reinstatement and compensation. The employer must prove any action was not a prohibited reprisal.

• Community groups and advocates

  • Easier access to information, clear timelines for responses, and formal standing in court can help you hold government and polluters to account.
  • You can petition the Commissioner for help and education on participating in decisions.

• Businesses and developers

  • Expect more public scrutiny and consultation for policies, permits, and regulations that affect the environment.
  • There is greater risk of investigations and lawsuits if you violate environmental rules or permits.
  • Courts can order injunctions to stop harmful activities. If damages are awarded, they fund environmental repair.

• Farmers

  • Complaints about typical farm-related disturbances (like odour or noise) must go first to the Farm Practices Review Board before any court action under this Act.

• Government and local governments

  • Must create and maintain a public environmental registry.
  • Must publish a Statement of Environmental Values with measurable goals and consider it in decisions that significantly affect environmental rights.
  • The Environmental Rights Commissioner can review bills and regulations for consistency with this Act and report concerns to the Legislature.

Expenses#

No publicly available information.

Proponents' View#

• Gives every resident a clear right to a healthy environment and tools to defend it.
• Improves transparency and public trust through the registry, consultations, and annual reporting.
• Strengthens protection for children’s health and puts it at the center of environmental decisions.
• Helps prevent harm early by allowing reviews, investigations, and court orders before damage occurs.
• Protects workers who speak up about risks, which can uncover problems sooner.
• Aligns with principles like “polluter pays,” precaution, environmental justice, and Indigenous participation.

Opponents' View#

• Could increase lawsuits and delays for projects, raising costs for businesses and government.
• Creates a new office and systems without clear cost estimates or staffing plans.
• Broad standing to sue may lead to more court challenges, even when people are not directly affected.
• The Act’s priority over other provincial laws and the “non-regression” idea may limit flexibility to adjust policies over time.
• Additional consultation and reporting requirements may burden departments and slow decision-making.
• Access and oversight powers, while limited by confidentiality rules, may raise concerns about sensitive information and administrative workload.