Data-center law in New Brunswick
Subnational jurisdiction · as of 2026-10-25
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New Brunswick has no statute that sets siting, permitting or utility rules specific to data centres. The data-centre-relevant law is general electricity, planning, environmental, water and building law, described as instruments here.
The Electricity Act reserves the retail sale of electricity in the province to NB Power, with an exception for a clean-source generation facility owned by another person that supplies a consumer connected to NB Power's transmission system for ammonia or hydrogen production or another prescribed purpose, and it bars a distribution electric utility from extending its supply to a cryptocurrency mining business.
The Act leaves the definition of a large load to the regulations, and none of the seven regulations made under it defines the term. A development needs a development officer's approval under the Community Planning Act and a building permit under the Building Code Administration Act.
An electric power generating facility of three megawatts or more and a transmission line above 69 kilovolts or longer than five kilometres are undertakings that must be registered and cleared under the Environmental Impact Assessment Regulation before they are carried on.
A stationary source of air contaminants, such as on-site generation, needs an approval under the Air Quality Regulation, a discharge of contaminants that may cause water pollution and a new waterworks need an approval under the Water Quality Regulation, and altering a watercourse or wetland needs a permit under the Clean Water Act.
Among incentives, the New Brunswick Income Tax Act provides a research and development tax credit in section 59 for a corporation with a permanent establishment in the province that spends on scientific research and experimental development carried out there, and no incentive for a data centre has been located.
The Province has proposed a policy framework for data centre development, put to public comment by the New Brunswick Growth Office from September 1 to October 2, 2026, which says that no financial support or incentive, land transaction or asset transfer below fair market value is to be provided unless government policy expressly authorizes it and that implementation may include legislative changes and new enforcement mechanisms.
The framework is a policy and not a law, and no legislation implementing it has been located. No bill on data centres or water use appears in the status lists of the first and second sessions of the 61st Legislature or among the bills introduced in the third session before October 22, 2026.
The only bills there on electricity are the two that became the Energy Sector Consumer Advocate Act (S.N.B. 2026, c. 23, assented to June 12, 2026), which creates an office to advocate for residential and small business consumers of electricity, gas and petroleum products in proceedings before the provincial energy and utilities board and does not mention data centres or large loads.
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Instruments on record
8 instruments on record, grouped by the family of approval each one governs.
Land use
Who decides whether a data center may occupy a site, and through what approval?
Community Planning Act, approval of a development
In force
S.N.B. 2017, c. 19, ss. 1, 108
Effective 2018-01-01 · Applies to both
No person shall undertake a development, and no building permit shall be issued for it, unless the development officer having jurisdiction grants an approval for the development. A development includes the erecting, placing, relocating, removing, demolishing, altering, repairing or replacing of a building or structure other than utility poles and wires, traffic control devices and pipelines.
Before granting an approval the development officer must ensure that the development conforms with any regional land use plan, municipal plan, rural plan or development scheme in effect. The development officer must also ensure that the development complies with any zoning by-law or regulation in effect. Undertaking a development without the approval is an offence punishable as a category E offence. A category E offence carries a fine of not less than $240 and not more than $5,200. The Act was proclaimed and came into force on January 1, 2018.
Source: Full text of law
Environmental review
What impact review must precede approval, and who leads it?
Environmental Impact Assessment Regulation, Clean Environment Act
In force
N.B. Reg. 87-83, ss. 3-5, Schedule A
Effective 1987-07-13 · Applies to both
The Regulation designates the enterprises, activities, projects, structures, works and programs listed in its Schedule A as undertakings that may result in a significant environmental impact. Every undertaking must be registered with the Minister before it is commenced. No proponent shall carry on an undertaking unless the Minister has determined that it may be carried on without an environmental impact assessment or the Lieutenant-Governor in Council has approved it after a required assessment.
Schedule A lists all electric power generating facilities with a production rating of three megawatts or more. Schedule A lists all electric power transmission lines exceeding 69,000 volts in capacity or five kilometres in length. Schedule A lists all waterworks with a capacity greater than fifty cubic metres of water daily.
A person who violates the Clean Environment Act or its regulations commits an offence and is liable on conviction to a fine of not less than $500 and not more than $50,000 for an individual and not less than $1,000 and not more than $1,000,000 for any other person. The fine is multiplied by the number of days on which a violation continues. The Regulation came into force on July 13, 1987.
Source: Full text of law
Energy and grid
What authorizations govern grid connection and onsite generation?
Electricity Act, no supply to a cryptocurrency mining business
In force
S.N.B. 2013, c. 7, s. 91 (3)-(4)
Applies to government
A distribution electric utility shall not extend its supply of electricity to a cryptocurrency mining business. A distribution electric utility is the Corporation, which is NB Power, or a municipal distribution utility. The prohibition does not apply to a cryptocurrency mining business that had entered into a contract for the supply of electricity by a distribution electric utility on or before the coming into force of the subsection.
A distribution electric utility must otherwise extend its supply of electric service to any person without service if it appears to the utility that there will be a reasonable return to it on the capital invested in its whole undertaking.
Source: Full text of law
Electricity Act, sale and supply of electricity
In force
S.N.B. 2013, c. 7, ss. 72, 72.1
Applies to both
No person other than the Corporation shall sell or supply electricity to a consumer or municipal distribution utility within the Province, subject to section 72.1. The Corporation is the New Brunswick Power Corporation. A generation facility that belongs to another person may sell or supply electricity it generates from a clean source to a consumer in the Province if the facility and the consumer are both connected to the Corporation's transmission system.
The consumer must use all or a portion of the electricity for the production of ammonia, the production of hydrogen or another purpose prescribed by regulation, and must connect large loads to the transmission system after the commencement of the section. A large load is a large load as defined in the regulations.
Source: Full text of law
Water and utilities
Who commits water and sewer service, and under what assessment?
Clean Water Act, permit to alter a watercourse or wetland
In force
S.N.B. 1989, c. C-6.1, ss. 1, 15
Effective 1990-07-01 · Applies to both
A person planning a hydro-electric power project, a control dam, a river diversion, a drainage diversion or any other project or structure that alters a watercourse or a wetland must, before undertaking the project, give the Minister copies of the plans and any other documents or information the Minister requires. The person must also, subject to subsection 15 (1.1), obtain a permit issued by the Minister.
Subsection 15 (1.1) provides that the permit requirement does not apply to a person or class of persons who is exempted, or for whom the requirement has been waived, in accordance with the regulations. Alteration of a watercourse or wetland includes any disturbance of the ground within thirty metres of a wetland or the bank of a watercourse.
A person who violates the Clean Water Act or its regulations commits an offence and is liable on conviction to a fine of not less than $500 and not more than $50,000 for an individual and not less than $1,000 and not more than $1,000,000 for any other person. The fine is multiplied by the number of days on which a violation continues. Sections 1 to 10, 11 (1) and 12 to 40 of the Act were proclaimed and came into force on July 1, 1990.
Source: Full text of law
Water Quality Regulation, Clean Environment Act, approvals for discharges, wastewater works and waterworks
In force
N.B. Reg. 82-126, s. 3
Applies to both
No person shall, without an approval, emit, discharge, deposit, leave or throw any contaminant into or upon the environment in any location such that it may cause water pollution to any waters of the Province. No person shall, without an approval, construct, modify or operate a source. No person shall, without an approval that includes approval of the discharge point, construct, modify or operate a wastewater works.
No person shall, without an approval that includes approval of the supply and quality of water, construct, modify or operate a waterworks. A person who violates the Clean Environment Act or its regulations commits an offence and is liable on conviction to a fine of not less than $500 and not more than $50,000 for an individual and not less than $1,000 and not more than $1,000,000 for any other person. The fine is multiplied by the number of days on which a violation continues.
Source: Full text of law
Construction
What codes and permits govern the build itself?
Building Code Administration Act, building permit and National Building Code
In force
S.N.B. 2020, c. 8, ss. 1, 4, 16
Effective 2021-02-01 · Applies to both
No person shall construct a building in the Province unless a building permit has been issued under the Act and the construction work conforms with the Code, with the standards prescribed by a building by-law or a regulation, and with the terms and conditions of the permit. The Code is the National Building Code adopted by reference in the regulations. Constructing a building without the permit is an offence punishable as a category B offence.
A category B offence carries a fine of not less than $140 and not more than $640. The Act was proclaimed and came into force on February 1, 2021.
Source: Full text of law
Air and operations
What permits govern backup generators and ongoing emissions?
Air Quality Regulation, Clean Air Act, approval of a source
In force
N.B. Reg. 97-133, ss. 2-4
Effective 1997-12-15 · Applies to both
No person shall construct, modify or operate a source without applying for and obtaining an approval. No person shall construct, modify or operate a source except in accordance with the terms and conditions of its approval. A source is any stationary property, real or personal, taken as a whole, that releases or may release any air contaminant.
No approval is required for fuel burning equipment used solely to generate heat or steam, burning grade 2 fuel oil, natural gas, propane, butane or wood, if its sulphur dioxide emissions and its particulate matter emissions are each less than 10 tonnes per year.
A person who violates the Clean Air Act or its regulations commits an offence and is liable on conviction to a fine of not less than $500 and not more than $50,000 for an individual and not less than $1,000 and not more than $1,000,000 for any other person. The fine is multiplied by the number of days on which a violation continues. The Regulation came into force on December 15, 1997.
Source: Full text of law