New Brunswick Restricts Entry to Forested Areas, Citing Wildfire Risk

New Brunswick Premier Susan Holt speaks to the media during a meeting of Canada's premiers hosted by Ontario in Toronto, Dec. 16, 2024. (The Canadian Press/Nathan Denette

New Brunswick has limited access to all public wooded areas, saying the measure is needed to decrease the risk of wildfires igniting.

All Crown land was closed to the public as of 12:01 a.m. on Aug. 10. That means activities such as fishing, camping, or hiking are prohibited, and vehicles are not permitted in the woods. Trail systems are also closed, and camping is restricted to designated campgrounds.

Premier Susan Holt made the announcement during a weekend press conference, saying the province is in a “precarious” position as it struggles to deal with wildfires while also looking for ways to prevent more from starting as “exceptionally” dry conditions continue.

“We are in an unprecedented situation, and it’s getting worse,” Holt said during the Aug. 9 press conference.

She acknowledged that the ban could be frustrating for many New Brunswickers. She asked residents to respect it regardless, even if it means finding alternative areas to walk their dogs or pursue other outdoor activities.

“If those woods become a forest fire, then you are now at risk and your dog is now at risk, and that puts extra burden on our firefighters, so we’re asking you to choose to keep our firefighters safe and to keep our province safe,” she said. “We need to allow our teams to do what they’re doing now and not strain our resources further.”

The move follows closely on the heels of neighbouring province Nova Scotia’s decision to implement a similar ban, but with a steep fine for violators.

Nova Scotia Premier Tim Houston announced last week a $25,000 fine for anyone who violates the restrictions on activities in forested areas across the province.

New Brunswick hasn’t implemented any such fines beyond its current $140 fee for violating its province-wide burn ban. Holt said she is hoping that the province will not have to impose any further measures.

“We know that New Brunswickers want to protect our woods and forests and want to make sure that they are there for generations to come to enjoy,” she said. “Should that change, then we will revisit the question of fines.”

New Brunswick’s Crown Lands and Forests Act also includes a provision stating that if an individual is deemed responsible for igniting a fire, they will bear the costs associated with extinguishing it, subject to a maximum fine of $250,000.

Pushback on Bans

The far-reaching ban on outdoor activities has sparked criticism from some civil liberties groups, who say it amounts to government overreach and brings up “constitutional concerns.”

The Canadian Constitution Foundation (CCF) counsel Josh Dehaas criticized the measures being taken by New Brunswick, saying that the province doesn’t have the authority to put such a ban in place.

“Under what legal authority was this made? Where’s the order or reg?” Dehaas said in a weekend X post. “You can’t make laws by press conference.”

The CCF has also started a petition against Nova Scotia’s restrictions on outdoor activities across the province and the $25,000 fine for those who breach the rules.

“On August 5, Nova Scotia Premier Tim Houston announced a provincewide BAN on entering the woods,” the groups said in an Aug. 7 X post. “He says it’s about wildfire prevention, but the result is severe overreach.”

Houston said last week that hiking, camping, fishing, mining, forestry, and other outdoor activities would be prohibited in forested regions of Nova Scotia until at least October and anyone who violates these restrictions would be subject to a $25,000 fine.

Access to beaches and parks is still permitted, but trail systems are not open, and private landowners are restricted from hosting guests on wooded properties.

“As tinder-dry conditions continue to persist from one end of the province to the other, the risk of wildfires increases, and the risk is very, very high right now,” Houston said during an Aug. 5 press conference. “I’m asking everyone to do the right thing. Don’t light that campfire, stay out of the woods and protect our people and communities.”

The CCF petition said “targeted measures” such as banning additional specific activities that expose forests to wildfire risks could be put in place while also protecting the constitutional rights of Nova Scotia residents.

“He says this is needed to prevent wildfires. But it is a severe overreach,” the petition said. “We urge Nova Scotia Premier Tim Houston to rescind this ban and implement targeted measures that protect our forests while respecting the rights of responsible nature lovers.”

The Justice Centre for Constitutional Freedoms (JCCF) has called Nova Scotia’s new restrictions “anti-human” and is vowing to support anyone who finds themselves “on the wrong end” of a $25,000 fine for going into the woods.

JCCF constitutional litigator Marty Moore said the provincial order brings up “constitutional concerns.”

“Is it really necessary to protect the woods, to prohibit somebody from walking on a path?” Moore said in a video posted to social media. “And no, one careless step doesn’t cause a fire … a careless throwing away of a cigarette causes a fire. Why don’t you ban those activities, rather than banning activities that have no rational connection to the starting of fire? Really, at the end of the day, this law views people as the problem, not dangerous activities.”

Moore said he and his legal team are prepared to launch a constitutional challenge and a judicial review of the order if any residents are fined unjustly.

Ontario MP Leslyn Lewis has also voiced concern about the band put in place by both provinces. The Conservative representative for Haldimand-Norfolk said such laws disproportionately impact rural residents.

“I’m hearing from Canadians across the country who feel fearful and alienated by the recent hiking, fishing, and camping bans,” she said in an Aug. 10 X post.

“While the government says this is to prevent forest fires, the approach has left many feeling discouraged, disconnected, and wondering if there’s a bigger purpose at play.”

Houston has said the Nova Scotia law is about prevention. He noted during last week’s press conference that most wildfires are caused by human activity, so keeping people out of the woods until conditions improve will reduce the risk of a fire igniting.

New Brunswick Natural Resources Minister John Herron said during the weekend press conference that the measures his province has put in place are also about prevention.

“Our province is facing an extremely volatile situation right now,” Herron said. “We need New Brunswickers to stay out of the woods for their own safety, and the safety of their neighbours, communities, wildlife habitats, and our forests.”

NB Wildfire Battle

There were seven active wildfires in New Brunswick this past weekend, including one in Miramichi that the province has classified as out of control, officials said. Five were being patrolled and one was under control.

The province currently has a fleet of air tankers and two skimmer planes from Quebec in action that can land on and scoop water from lakes or other bodies of water to drop on wildfires, officials said. But rain is also needed to help quell the fires.

Wildfire science officer Danny Goddard said the province is in a long-term drying trend, which means lower humidity and high temperatures will continue into the end of next week.

This year, to date, there have been 231 fires, burning approximately 501 hectares, according to the province’s fire dashboard. Last year, there were 217 fires that burned 185 hectares. The 10-year-average of fires so far is 209 fires that burned 375.5 hectares.