Tree waste rules in New Brunswick: fire season, Category 1 to 4 fires, burning permits and the Forest Fires Act
What the Forest Fires Act, its General Regulation and the Government of New Brunswick say about the fire season from the third Monday in April to October 31, the four categories of open fire, the pile limits for fires without a written permit and the offence categories.
Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. It follows the Forest Fires Act (2014, c.110) and General Regulation 84-204 on the New Brunswick Acts and Regulations site, and the provincial page on burning during wildfire season.
The fire season and the permit
According to the Forest Fires Act, section 4 makes the period from the third Monday in April to October 31, inclusive, the fire season each year, and lets the Minister vary the start or end for all or part of the Province. Section 12 says a person wishing to light a category of fire that needs a burning permit must apply to the Minister, who may inspect the land, may issue the permit on payment of any prescribed fee, may refuse it, may add terms and conditions and may cancel it at any time. Section 7 says a person who lights or tends a fire must take every reasonable precaution to prevent its spread and must not leave it unattended until it is completely extinguished. Section 24 makes breaches offences under Part 2 of the Provincial Offences Procedure Act, category H for section 12(7), which requires a permit holder to follow the permit terms, and category B for most regulation breaches.
The four categories
In the General Regulation, sections 3.1 to 3.5 set the categories. The provincial page on burning during wildfire season describes the same four levels for the public.
| Category | What the sources say |
|---|---|
| Category 1, no written permit | The Regulation defines it as an open fire in or within 60 metres of forest land burning no more than four piles of untreated woody material, each no more than three metres wide, three metres long and two metres high. On burn days piles must be at least ten metres apart and the fire attended until out. The province says daily burn conditions come from a phone line, updated at 2 p.m., with green meaning burning allowed, yellow meaning burning between 8 p.m. and 8 a.m. and red meaning no burning. |
| Category 2, written permit | An open fire in or within 100 metres of forest land burning five or more such piles, or one larger pile. The province says the site is pre-inspected by a forest service officer. |
| Category 3, written permit | Fires to burn blueberry plants, straw or propane in a blueberry field outside a city or town. |
| Category 4, written permit | An open fire within 100 metres of forest land to burn forest fuels and grass for clearing land for proposed agriculture or for prescribed burning. A burn plan is required with the application. |
The Regulation also bars any open fire in or within 100 metres of forest land that is not of an established category, with exceptions listed in section 3.7. Sections 3.92 and 3.94 bar Category 2 and 4 fires there without a valid burning permit, and section 3.96 makes breaches of sections 3.92 to 3.94 category H offences. Outside the fire season the province refers callers to the Environment and Local Government department. It also says to check municipal bylaws first, and that burning without a permit is a punishable offence that may bring a fine. The page lists permission from the landowner and no burning of materials such as pressure treated wood for Category 1 fires.
For other places see the table on tree waste and chip rules. Another province is on the Quebec page.
Sources
- Province of New Brunswick, Forest Fires Act 2014 c.110, Acts and Regulations, read October 9, 2026
- Province of New Brunswick, General Regulation 84-204 under the Forest Fires Act, Acts and Regulations, read October 9, 2026
- Government of New Brunswick, Burning during wildfire season, read October 9, 2026