Environmental Assessment Regulations–amendment

N.S. Reg. 8/2013

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 37, No. 3 February 8, 2013 Contents Act Reg. No.

Page Education Act M i n i s t e r i a l E d u c a t i o n A c t R e g u l a t i o n s – a m e n d m e n t .............................. 1 2 /2013 61 Electricity Act R e n e w a b l e E l e c t r i c i t y R e g u l a t i o n s – a m e n d m e n t ................................. 1 0 /2013 51 – a m e n d m e n t ........................................................... 1 1 / 2013 53 Environment Act A p p r o v a l a n d N o t i f i c a t i o n P r o c e d u r e s R e g u l a t i o n s............................... 1 7 /2013 73 Environmental Assessment Regulations–amendment ............................. 1 8 / 2013 88 Environmental Assessment Review Panel Regulations ............................ 1 9 / 2013 88 E n v i r o n m e n t a l E m e r g e n c y R e g u l a t i o n s........................................ 1 6 / 2013 68 P e s t i c i d e R e g u l a t i o n s – a m e n d m e n t............................................ 1 4 / 2013 66 U s e d O i l R e g u l a t i o n s – a m e n d m e n t............................................ 1 5 / 2013 67 Insurance Act Automobile Accident Diagnostic and Treatment Protocols Regulations ............... 2 0 / 2013 97 A u t o m o b i l e A c c i d e n t M i n o r I n j u r y R e g u l a t i o n s – a m e n d m e n t....................... 2 2 /2013 115 A u t o m o b i l e I n s u r a n c e C o n t r a c t M a n d a t o r y C o n d i t i o n s R e g u l a t i o n s – a m e n d m e n t ....... 2 1 /2013 114 Livestock Health Services Act Designation of Livestock for Farming Purposes–amendment ....................... 2 3 / 2013 116 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 1 3 / 2013 64 Prescribed Petroleum Products Prices ......................................... 2 4 / 2013 117 Teachers’ Collective Bargaining Act D e s i g n a t i o n o f M a t t e r s f o r B a r g a i n i n g B e t w e e n M i n i s t e r o f E d u c a t i o n a n d U n i o n ...... 8 /2013 49 © NS Registry of Regulations.

Web version. 47

Utility and Review Board Act B o a r d R e g u l a t o r y R u l e s – a m e n d m e n t.......................................... 9 / 2013 50 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act. The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force. 48 © NS Registry of Regulations. Web version.

N.S. Reg. 8/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 3 N.S. Reg. 8/2013 Made: January 8, 2013 Filed: January 16, 2013 Designation of Matters for Bargaining Between Minister of Education and Union Order dated January 8, 2013 made by the Minister of Labour and Advanced Education pursuant to subsection 13(3) of the Teachers’ Collective Bargaining Act In the Matter of Subsection 13(3) of

Chapter 460 of the Revised Statutes of Nova Scotia, 1989, The Teachers’ Collective Bargaining Act Order I, Marilyn More, Minister of Labour and Advanced Education, pursuant to subsection 13(3) of

Chapter 460 of the Revised Statutes of Nova Scotia, 1989, the Teachers’ Collective Bargaining Act (the “Act”), (

a) confirm that I have received a copy of an agr eement in writing made pursuant to subsection 13(2) of the Act between the Minister of Education and the Nova Scotia Teachers Union (the “Union”), dated July 20th, 2012 (the “Agreement”), respecting specific matters contained within subclause 2(h)(ii) of the Act including, for greater certainty, specific terms and conditions of employment or other matters under paragraph 2(h)(ii)(E), that are the subject of bargaining between the Minister of Education and the Union, which specific matters are enumerated in clause (

b) of this Order, and (

b) order that the matters referred to in

Article 2 of the Agreement, which are enumerated below, are designated as matters that hereinafter are to be the subject of bargaining between the Minister of Education and the Union: (

a) additional instructional services; (

b) collection of money; (

c) legal assistance and protection; (

d) method of pay; (

e) retirement seminars; (

f) teachers’ property loss or damage. Dated and made at Halifax, Nova Scotia, Jan. 8, 2013 Sgd.: Marilyn More Marilyn More Minister of Labour and Advanced Education © NS Registry of Regulations. Web version. 49

N.S. Reg. 9/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 3 N.S. Reg. 9/2013 Made: January 16, 2013 Filed: January 16, 2013 Board Regulatory Rules Order dated January 16, 2013 Amendment to regulations made by the Utility and Review Board pursuant to

Section 12 of the Utility and Review Board Act Order NSUARB Nova Scotia Utility and Review Board In the Matter of the Utility and Review Board Act and In the matter of a motion to amend the Board Regulatory Rules Before: Peter W. Gurnham, Q.C., Chair Roland A. Deveau, Q.C., Vice-Chair David J. Almon, LL.B., Member Wayne D. Cochrane, Q.C., Member Kulvinder S. Dhillon, P. Eng., Member Murray E. Doehler, P. Eng., CA, Member Dawna J. Ring, Q.C., Member Roberta J. Clarke, Q.C., Member Order

Whereas the Nova Scotia Utility and Review Board by Resolution in writing made on the 20th day of December, 2012, passed a motion to amend the Board Regulatory Rules respecting proceedings before the Board; It is hereby ordered that the Board Regulatory Rules (N.S. Reg. 235/2005 dated December 23, 2005, as amended up to N.S. Reg. 145/2012 dated June 28, 2012), made pursuant to

Section 12 of the Utility and Review Board Act, S.N.S. 1992, c. 11, be amended by adding the subsections set out in Appendix “A” to this Order; It is further ordered that the above amendments be effective as of the date of this Order. Dated at Halifax, Nova Scotia, this 16th day of January, 2013. Sgd.: Elaine Wagner Clerk of the Board Appendix A Issues list 19

(4) Notwithstanding the above, the Board may direct that certain issues or items will be excluded from consideration during the application. 50 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 3 Multiplicity of proceedings 19

(5) In an attempt to avoid multiplicity of proceedings on the same issue, the Board may, in any decision, identify issues that will not be revisited until a specified time period has elapsed, absent a significant change in circumstances, or other reason which, in the opinion of the Board, justifies an earlier consideration. Cross-examination of experts 22

(8) The Board may, in a Hearing Order, set a date by which a party must indicate if that party requires the attendance of an expert witness, either in person or by electronic means, for purposes of cross- examination. Settlement 25 (5) (

a) The Board may, in a Hearing Order, set a date by which the parties are to advise the Board as to whether there is any reasonable prospect of settlement of all or part of the application. (

b) The Board may, in a Hearing Order, set a de dicated period of time after the close of evidence to permit the parties to engage in settlement discussions. N.S. Reg. 10/2013 Made: January 17, 2013 Filed: January 17, 2013 Renewable Electricity Regulations Order in Council 2013-12 dated January 17, 2013 Amendment to regulations made by the Governor in Council pursuant to

Section 5 of the Renewable Electricity Act The Governor in Council on the report and recommendation of the Minister of Energy dated August 16, 2012, and pursuant to

Section 5 of

Chapter 25 of the Acts of 2004, the Electricity Act, is pleased to amend the Renewable Electricity Regulations, N.S. Reg. 155/2010, made by the Governor in Council by Order in Council 2010-381 dated October 12, 2010, to add provisions respecting the generation of electricity using biomass, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after January 17, 2013.

Schedule “A” Amendment to the Renewable Electricity Regulations made by the Governor in Council under

Section 5 of

Chapter 25 of the Acts of 2004, the Electricity Act 1

Section 2 of the Renewable Electricity Regulations, N.S. Reg. 155/2010, made by the Governor in Council by Order in Council 2010-381 dated October 12, 2010, is amended by (

a) adding the following clause immediately after the definition of “Act”: “co-firing” means the combusting of biomass and fossil fuels at the same time; (

b) adding the following clause immediately after the definition of “electricity standard approval”: © NS Registry of Regulations. Web version. 51

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Part II - Regulations Vol. 37, No. 3 “firm” means, in respect of renewable low-impact electricity, that under normal operating conditions the facility generating the electricity has the ability to operate at its full-rated capacity through the control of its operator rather than having its output dependent upon the availability of the input source of energy, and applies only to electricity generated by facilities commissioned after December 31, 2001; 3

Section 5 of the regulations is amended by adding the following subsection immediately after subsection (2): (2A) Each year beginning with the calendar year 2013, NSPI must operate the Port Hawkesbury biomass power generation plant as a base-loaded unit producing as close as practical to its rated output on a continuous basis. 4 The regulations are further amended by adding the following

Section immediately after

Section 6: Firm renewable electricity generation 6A

(1) In the calendar year 2013, NSPI must produce or acquire at least 260 GWh of firm renewable electricity.

(2) Beginning with the calendar year 2014, NSPI must produce or acquire at least 350 GWh of firm renewable electricity each year. 5

Section 7 of the regulations is repeal ed and the following

Section substituted: Shortfalls and overages 7( 1 ) A load-serving entity that is unable to meet a renewable electricity standard for a period of 12 months or less, because independent power producers cannot provide contracted electricity supplies at the contracted times or because of problems arising from the load-serving entity’s own renewable generation assets, must supply enough renewable electricity from other sources to make up the shortfall during the period.

(2) A load-serving entity that will be unable to meet a renewable electricity standard for longer than 12 months must apply to the Minister, who, if satisfied that the entity will be unable to meet the standard as described in subsection (1) for longer than 12 months, may permit the entity to supply enough renewable electricity from other sources to make up the shortfall on the terms and conditions determined by the Minister.

(3) The Board must allow a public utility to recover the costs of the public utility’s own renewable generation assets on the basis approved by the Board under the Public Utilities Act, together with the recovery of the costs of tariffs allowed under subsection 4A(6) of the Act and the costs of the public utility’s contracts allowed under subsection 4B(13) of the Act, to a maximum of costs in relation to a supply of renewable low-impact electricity of no more than the following: (a) 133% of the minimum renewable electricity standard in

Section 5; (b) 125% of the renewable electricity standard in

Section 6. 6 Subsection 8(1) of the regulations is repeal ed and the following subsection is substituted.

(1) No more than 350 000 dry tonnes annually of primary forest biomass over the average amount of primary forest biomass consumed annually in the Province for the years 1995 to 2005, that average being 3.285×10 6 dry tonnes, may be used to attain any renewable electricity standard. 52 © NS Registry of Regulations. Web version.

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Section 11 of the regulations is repeal ed and the following

Section substituted: 11 An application for an electricity standard approval must (

a) be submitted to the Minister in a form required by the Minister; (

b) be completed and signed by an authorized signatory of the applicant; and (

c) for a biomass project, include a biomass fuel procurement plan outlining how the applicant intends to ensure that its fuel supply will meet sustainable harvesting requirements. 8 (1) Subsection 13(1) of the regulations is amende d by striking out “The” and substituting “Subject to subsection (3), the”.

(2) Section 13 of the regulations is further ame nded by adding the following subsection immediately after subsection (2):

(3) Before being approved under subsection (1), an applicant who is requesting approval of a biomass generation facility must satisfy the Minister that their biomass fuel procurement plan demonstrates that the applicant will meet sustainable harvesting requirements. N.S. Reg. 11/2013 Made: January 17, 2013 Filed: January 17, 2013 Renewable Electricity Regulations Order in Council 2013-13 dated January 17, 2013 Amendment to regulations made by the Governor in Council pursuant to

Section 5 of the Electricity Act The Governor in Council on the report and recommendation of the Minister of Energy dated September 27, 2012, and pursuant to

Section 5 of

Chapter 25 of the Acts of 2004, the Electricity Act, is pleased to amend the Renewable Electricity Regulations, N.S. Reg. 155/2010, made by the Governor in Council by Order in Council 2010-381 dated October 12, 2010, to add a 2020 renewable electricity standard, to enable the purchasing of power from Muskrat Falls and to provide changes to the feed-in tariff program, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after January 17, 2013.

Schedule “A” Amendment to the Renewable Electricity Regulations made by the Governor in Council under

Section 5 of

Chapter 25 of the Acts of 2004, the Electricity Act 1

(1) Section 2 of the Renewable Electricity Regulations, N.S. Reg. 155/2010, made by the Governor in Council by Order in Council 2010-381 dated October 12, 2010, is amended by (

a) adding the following definition immediately after the definition of “co-firing”: © NS Registry of Regulations. Web version. 53

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Part II - Regulations Vol. 37, No. 3 “designated lands” has the same meaning as in the Indian Act (Canada); (

b) adding the following definition[s] immediately after the definition of “municipal electric utility”: “Muskrat Falls Generating Station” means the generating facility proposed to be constructed as part of the Lower Churchill Project in the Province of Newfoundland and Labrador; “NS Mi’kmaw band council” means an entity referred to in clause 4A(8)(

a) of the Act; (

c) adding the following definition immediately after the definition of “renewable low-impact electricity”: “request for proposals” means a request for proposals for procurement of renewable low- impact electricity under

Section 4B of the Act; (

d) repealing the definition of “university” and replacing it with: “university” means any of the following institutions: Acadia University, Atlantic School of Theology, Cape Breton University, Dalhousie University, Mount Saint Vincent University, Nova Scotia College of Art and Design, Saint Mary’s University, St. Francis Xavier University, University of King’s College or Université Sainte-Anne;

(2) Section 2 is further amended by repealing the de finitions of “renewable electricity” and “renewable electricity standard”. 2 Subsection 3(1) of the regulations is amended by (

a) in the definition of “cooperative”, adding (i) “or continued” immediately after “incorporated”, and (ii) “or the Canada Cooperatives Act (Canada)” immediately after “Act”. (

b) in the definition [of] “municipality”, adding “lo cated in the Province” immediately after “district municipality”; (

c) in the definition of “development tidal array”, (

i) striking out “.5” and substituting “0.5”, and (ii) striking out “and” immediately after the semicolon; (

d) repealing the definition of “not-for-prof it body corporate” and substituting the following: “not-for-profit body corporate” means a corporation that (

i) qualifies as a non-profit organi zation under paragraph 149(1)(1) [(l)] of the Income Tax Act (Canada), or (ii) is a registered charity under the Income Tax Act (Canada); (

e) adding the following

definitions immediately afte r the definition of “not-for-profit body corporate”: 54 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 3 “renewable electricity” means all of the following: (

i) heritage renewable electricity, (ii) renewable low-impact electricity generated after December 31, 2001, (iii) imported electricity that in the opinion of the Minister is generated from renewable resources; “renewable electricity standard” means a target share or amount of renewable electricity to be supplied by a load-serving entity as prescribed by the regulations. 3 Subsection 4(1) of the regulations is amended by st riking out “its total sales” and substituting “the total amount of electricity supplied to its customers as measured at the customers’ meters”. 4 (1) Subsection 5(1) of the regulations is amended by striking out “its total sales” and substituting “the total amount of electricity supplied to its customers as measured at the customers’ meters”. (2) Clause 5(2)(

a) of the regulations is amended by adding “at least” immediately before “supply 5%”.

(3) Section 5 is further amended by adding the follo wing subsection immediately before subsection (3): (2B) In planning to meet its obligations under subsections (1) and (2), NSPI must not include electricity from distribution system connected renewable energy generators.

(4) Section 5 is further amended by adding the fo llowing subsection immediately after subsection (3): (3A) Electricity supply purchased by a municipal electric utility that is sold to NSPI as spill energy under the Wholesale Market Non-Dispatchable Supplier Spill Tariff counts towards the municipal electric utility’s renewable electricity standard under subsection (1) if (

a) an equivalent amount of electricity is purchased from NSPI as backup/top-up energy under the Wholesale Market Backup/Top-Up Service Tariff; and (

b) the supply is consumed within the same calendar year as it is purchased. 5 (1) Subsection 6(1) of the regulations is amended by (

a) striking out “its total sales” and substituting “t he total amount of electricity supplied to its customers as measured at the customers’ meters”; and (

b) adding “until 2020” immediately after “2015”.

(2) Section 6 of the regulations is further amende d by repealing Sections 6(2), (3) and (4) and substituting the following subsections:

(2) To meet the renewable electricity standard in subsection (1), NSPI must (

a) continue to supply at least 5% of its total annual sales from independent power producers; and (

b) acquire at least 300 GWh from independent power producers in addition to the renewable low-impact electricity required to meet the requirements of Sections 4 and 5. © NS Registry of Regulations. Web version. 55

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(3) In planning for meeting its obligations under subsections (1) and (2) NSPI must not include electricity from distribution system connected renewable energy generators.

(4) In meeting its obligations under subsections (1) and (2), NSPI may include other sources of renewable electricity, including: (

a) contributions from distribution system connected renewable energy generators; (

b) contributions of 150 GWh or less from co-firing non-primary forest biomass at its generation facilities; (

c) contributions from renewable electricity ge nerating facilities that it owns or operates.

(3) Section 6 is further amended by adding the fo llowing subsection immediately after subsection (5):

(6) Electricity supply purchased by a municipal electric utility that is sold to NSPI as spill energy under the Wholesale Market Non-Dispatchable Supplier Spill Tariff counts towards the municipal electric utility’s renewable electricity standard under subsection (1) if (

a) an equivalent amount of electricity is purchased from NSPI as backup/top-up energy under the Wholesale Market Backup/Top-Up Service Tariff; and (

b) the supply [is] consumed within the same calendar year as it is purchased. 6 The regulations are further amended by renumberi ng

Section 6A as

Section 6B, and adding the following

Section immediately after

Section 6: Renewable electricity standard 2020 6A

(1) Each year beginning with the calendar year 2020, each load-serving entity must supply its customers with renewable electricity in an amount equal to or greater than 40% of the total amount of electricity supplied to its customers as measured at the customers’ meters for that year.

(2) NSPI must meet the renewable electricity standard in subsection (1) by (

a) continuing to meet the requirements in clauses 6(2)(

a) and (b); (

b) continuing to meet the requirements of subsection 6(4); and (

c) directly or indirectly acquiring, to deliver to customers in the Province, 20% of the electricity generated by the Muskrat Falls Generating Station if the Muskrat Falls Generating Station and associated transmission infrastructure is completed and in normal operation and the UARB has approved an assessment against NSPI under the Maritime Link Act and its regulations.

(3) In planning for meeting its obligations under subsections (1) and (2) NSPI must not include electricity from distribution connect renewable energy generators.

(4) To meet the renewable electricity standard in subsection (1), a municipal electric utility that purchases any of its electricity supply from a supplier other than NSPI must ensure that a minimum of 40% of that non-NSPI electricity supply is renewable electricity. 56 © NS Registry of Regulations. Web version.

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(5) Electricity supply purchased by a municipal electric utility that is sold to NSPI as spill energy under the Wholesale Market Non-Dispatchable Supplier Spill Tariff counts towards the municipal electric utility’s renewable electricity standard under subsection (1) if (

a) an equivalent amount of electricity is purchased from NSPI as backup/top-up energy under the Wholesale Market Backup/Top-Up Service Tariff; and (

b) the supply is consumed within the same calendar year as it is purchased. 7 Subclause 18(2)(a)(iii) of the regulations is ame nded by striking out “arrays” and substituting “devices”. 8 Subsection 19(1) of the regulations is amended by striking out “Section 20” and substituting “Sections 20 to 35”. 9

Section 20 of the regulations is repeal ed and following

Section is substituted: 20

(1) For the purposes of clause 4A(8)(

f) of the Act, in addition to the entities listed in clauses 4A(8)(

a) to (

e) of the Act, each of the following entities qualify [qualifies] as a generator: (

a) a university; (

b) a wholly owned subsidiary of a municipality; (

c) a privately owned biomass combined heat and power plant that uses a portion of the heat produced; (

d) an entity that (

i) is registered with the Registrar of Joint Stocks [Companies], and (ii) is a joint venture among 2 or more of an y of the generators referred to in clauses 4A(8)(

a) and 4A(8)(

c) to (

e) of the Act and clauses (

a) and (

b) who have contributed equity to the joint venture; (

e) an entity that (

i) is registered with the Registrar of Joint Stocks [Companies], and (ii) 1 of the generators referred to in clau ses 4A(8)(

a) and 4A(

c) to (

e) of the Act or in clauses (

a) and (

b) owns more than 50 % of the voting shares or holds majority control of the entity; (

f) the Kwilmu’kw Maw-klusuaqn Negotiation Office.

(2) In addition to the eligibility qualifications in subsection 4A(8) of the Act and subsection (1), a generator must meet the following requirements: (

a) if it is a not-for-profit body corporate or a co-operative, a majority of its members must reside in the Province and at least 25 members must reside in the municipality where the generation facility is located; (

b) if it is a community economic-development corporation, at least 25 shareholders must reside in the municipality where the generation facility is located. © NS Registry of Regulations. Web version. 57

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(3) A generator must own a generation facility, and the generation facility must meet all of the following requirements: (

a) it must be a generation facility in a class to which a community feed-in tariff applies under subsection 19(1); (

b) if it uses biomass, it must be a combined heat and power generation facility; (

c) it must interconnect with the electrical grid through a distribution system; (

d) it must be located in the Province; (

e) if it is wholly owned by a municipality or a wholly owned subsidiary of a municipality, it must be located within the boundaries of that municipality or the boundaries of an immediately adjacent municipality; (

f) if it is wholly owned by a[n] NS Mi’kmaw band council, it must be located on designated lands or lands acquired by a[n] NS Mi’kmaw band council through a transfer of fee simple or a lease; (

g) it must have been issued a feed-in tariff approval under

Section 28.

(4) For the purposes of subsection (2), a generator owns a generation facility if it holds at least a majority ownership in the generation facility.

(5) For greater certainty, subsection (4) does not apply to a municipality.

(6) The ownership requirements in subsection 4A(8) of the Act and in subsection (2) do not apply to a combined heat and power generation facility described in clause 3(

b) if the heat is consumed or used by the generator or an affiliate generator. 10

Section 21 of the regulations is amended by a dding “on a normal amortized basis” immediately after “19(2)”. 11

Section 22 of the regulations is amended by re-lettering the second calque [clause] (

c) as clause (d). 12

Section 23 of the regulations is amended by (

a) adding “by a generator for a” immediately after “application”; and (

b) striking out “in a form” and substituting “in the form”. 13

Section 24 of the regulations is amended by (

a) repealing clause (

d) and substituting the following clause: (

d) a project concept identifying both of the following for the proposed generation facility: (

i) the type of facility, (ii) the location; (

b) repealing clause (

f) and substituting the following clause: 58 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 3 (

f) documentation identifying the lands of any NS Mi’kmaw band council that may be impacted by the project and demonstrating an acceptable means of engaging those Mi’kmaw communities to identify any of their concerns or interests, including interests in participation as owners, investors or suppliers; 14

Section 32 of the regulations is amended by adding the following subsection immediately after subsection (3): (3A) The applicant must be in good standing under the terms and conditions of their feed-in tariff approval at the time of commercial operation and the Minister must issue a letter to NSPI indicating the expected annual output of the project. 15 Clause 35(1)(

g) of the regulations is amended by striking out “Tourism, Culture and Heritage” and substituting “Communities, Culture and Heritage”. 16 The regulations are further amended by adding th e following Sections immediately before

Section 36: Responsibility of renewable electricity administrator 35A The renewable electricity administrator must ensure that a procurement under

Section 4B of the Act is fair, transparent and competitive, and subject to subsection 37(2) that the power purchase agreement executed by the bidder with the public utility is consistent with the request for proposals. Request for proposals requirements 35B

(1) The primary basis for evaluating bids under a request for proposals is the degree to which the proposal provides the best value from renewable electricity for electricity ratepayers, and this requirement must be clearly indicated in any request for proposals.

(2) A bidder must include the following their proposal: (

a) how the proposed project will comply with the requirements of these regulations; (

b) how the proposed project will be economically viable; (

c) proof that it has the technical capacity necessary to undertake and complete the proposed project; (

d) the anticipated in-service date for the renewable low-impact electricity generation facility; (

e) any previous experience the bidder has with renewable electricity projects.

(3) The requirements set out in subsection (2) must be clearly indicated in any request for proposals. Proposal evaluation 35C In evaluating proposals submitted under a request for proposals, the renewable electricity administrator must (

a) evaluate proposals in a timely fashion; (

b) respond to any concerns or questions from bidders in a timely manner; © NS Registry of Regulations. Web version. 59

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c) notify all bidders and the public utility in wr iting, no later than 7 days after making their decision, in a manner consistent with the manner in which notice may be provided under the request for proposals. Report on procurement 35D For each procurement, the renewable electricity administer must provide a final report in writing to the Minister no later than 60 days after the notice provided for in clause 35C(c), that include[s] all of the following: (

a) a

summary of the request for proposal process; (

b) details of the steps the renewable electri city administrator took to ensure a fair, transparent and competitive process; (

c) a comparative economic analysis of the bids received; (

d) details of any relevant considerati ons that support the renewable electricity administrator’s selection of the successful bidder. 17

Section 38 of the regulations is amended by adding the following subsection immediately after subsection (1): (1A) Each generator who receives a feed-in tariff approval must report to the Minister as follows: (

a) annually, or at other intervals determined by the Minister; (

b) its progress in putting its generator into servi ce and its actual in-service date within 30 days after such facility is put into service; (

c) the amount of electricity able to be connected following the system impact study by the Nova Scotia System Operator; (

d) the annual amount of electricity expected to be produced prior to commercial operation; (

e) the actual amount of electricity produced and any variance between actual and expected. 18

Section 43 of the regulations is amended by (

a) adding the following clause immediately after clause (

d) in subsection (1): (

e) establish limits for production or payments for excess electricity reported in subsection 38(1A). (

b) adding the following clause immediately after clause (

e) in subsection (2): (

f) suspend or revoke a procurement process under these regulations. 19 Subsection 47(1) of the regulations is amended by (

a) adding “or 6A” immediately after “6” in clause (a); (

b) adding “or 6A” immediately after “6” in clause (b); (

c) adding “or 6A” immediately after “5” in clause (c). 60 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 3 N.S. Reg. 12/2013 Made: January 15, 2013 Filed: January 18, 2013 Ministerial Education Act Regulations Order dated January 15, 2013 Amendment to regulations made by the Minister of Education pursuant to

Section 145 of the Education Act In the matter of

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education Act - and - In the matter of an amendment to the Ministerial Education Act Regulations made by the Minister of Education pursuant to

Section 145 of the Education Act Order I, Ramona Jennex, Minister of Education for the Province of Nova Scotia, pursuant to

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education Act, hereby amend the Ministerial Education Act Regulations, N.S. Reg. 80/97, made by the Minister of Education on June 24, 1997, to define bullying and cyberbullying and to update references to code of conduct policies in accordance with recent amendments to the Act, in the manner set forth in

Schedule “A”, effective on and after the date of this Order. Dated and made at Halifax, Nova Scotia, Jan 15 2013, 2013 [sic]. Sgd.: Ramona Jennex Honourable Ramona Jennex, Minister of Education

Schedule “A” Amendment to the Ministerial Education Act Regulations made by the Minister of Education under

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education Act 1( 1 ) T h e Ministerial Education Act Regulations, N.S. Reg. 80/97, made by the Minister of Education on June 24, 1997, are amended by striking out the heading to

Section 47 and substituting the heading “Regional school code of conduct policy”. (2) Subsection 47(1) of the regulations is re pealed and the following subsection substituted:

(1) This

Section constitutes the framework for the regional school code of conduct policy to be established by a school board under subsection 64(2) of the Act.

(3) Section 47 of the regulations is further ame nded by adding the following subsection immediately after subsection (1): (1A) In the Act and these regulations, the following

definitions apply: © NS Registry of Regulations. Web version. 61

N.S. Reg. 12/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 3 “bullying” means behaviour, typically repeated, that is intended to cause or should be known to cause fear, intimidation, humiliation, distress or other harm to another person’s body, feelings, self-esteem, reputation or property, and can be direct or indirect, and includes assisting or encouraging the behaviour in any way; “cyberbullying” means bullying by electronic means that occurs through the use of technology, including computers or other electronic devices, social networks, text messaging, instant messaging, websites or e-mail; “disruptive behaviour” means a student’s behaviour that does not meet the definition of severely disruptive behaviour, but that nevertheless disrupts the learning climate of the school, endangers the well-being of others or damages property, and disruptive behaviour includes all of the following: (

i) profanity, (ii) disrespect or insubordination, (iii) failure to obey instructions, (iii)* forging notes or excuses, (iv) non-attendance or poor attendance in school or specific classes, (

v) loitering in school, (vi) petty stealing, (vii) shoving, pushing or scuffling, (viii) behaviour that is disruptive or that may create a safety hazard; [*subclause numbering as in original] “severely disruptive behaviour” means a student’s behaviour that significantly disrupts the learning climate of the school, endangers the well-being of others or damages property, and severely disruptive behaviour includes all of the following: (

i) chronic disruptive offences, (ii) smoking, (iii) vandalism, (iv) disruptions to school operations, (

v) verbal abuse, (vi) racism or discriminatory behaviour, (vii) sexual harassment or assault, (viii) sexual misconduct, sexual abuse or physical abuse, (ix) physical violence, 62 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 3 (

x) bullying, (xi) use or possession of weapons, (xii) illegal activity. 2 Subsection 47(2) of the regulations is amended by (

a) repealing the

definitions of “disruptive behaviour” and “severely disruptive behaviour”; (

b) striking out “clause” in the definition of “i n-school suspension” and substituting “subsection”; (

c) repealing the definition of “regional school c ode of conduct policy” and substituting the following definition: “regional school code of conduct policy” means the regional school code of conduct policy established by a school board pursuant to clause 64(2)(

r) of the Act; (

d) repealing the definition of “provincial school code of conduct” and substituting the following definition: “Provincial school code of conduct” means the code of conduct established by the Minister as part of the Provincial school code of conduct policy; (

e) adding the following definition immediately afte r the definition of “Provincial school code of conduct”: “Provincial school code of conduct policy” means the policy established by the Minister under clause 141(ja) of the Act; (

f) striking out “clause” in the definition of “school code of conduct” and substituting “subsection”. 4 [3] (1) Subsection 47(7) of the regulations is amended by striking out “consistent with the provincial student discipline school code of conduct policy as prescribed in this Section” and substituting “be consistent with the Provincial school code of conduct policy”. (2) Clause 47(7)(

e) of the regulations is amended by striking out “Provincial School Code of Conduct” and substituting “Provincial school code of conduct”. 5[4] Clause 47(8)(

a) of the regulations is amended by striking out “Provincial School Code of Conduct Policy, the provincial” and substituting “Provincial school code of conduct policy, the Provincial”. © NS Registry of Regulations. Web version. 63

N.S. Reg. 13/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 3 N.S. Reg. 13/2013 Made: January 17, 2013 Filed: January 21, 2013 Prescribed Petroleum Products Prices Order dated January 17, 2013 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-13-03 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Murray E. Doehler, C.A., P. Eng., Member Order

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision 2012 NSUARB 213, issued on December 12, 2012; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended January 16, 2013, are: Grade 1 Regular gasoline 71.6¢ per litre Ultra-low-sulfur diesel oil 79.9¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 71.6¢ per litre Grade 2 74.6¢ per litre Grade 3 77.6¢ per litre Ultra-low-sulfur diesel oil 79.9¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: minus 0.3¢ per litre Ultra-low-sulfur diesel oil: minus 0.5¢ per litre And

whereas a winter blending adjustment of plus 4.6¢ per litre is required for ultra-low-sulfur diesel oil; And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., January 18, 2013. 64 © NS Registry of Regulations. Web version.

N.S. Reg. 13/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 3 Dated at Halifax, Nova Scotia, this 17th day of January, 2013. Sgd: Elaine Wagner Clerk of the Board

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on January 18, 2013 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 78.5 81.5 84.5 91.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 104.0 107.0 110.0 110.6 125.1 128.6 132.0 132.7 127.2 130.6 134.1 134.8 125.1 128.6 132.0 132.7 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 79.0 82.0 85.0 91.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 104.5 107.5 110.5 111.1 125.7 129.1 132.6 133.3 127.8 131.2 134.7 135.4 125.7 129.1 132.6 133.3 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 79.4 82.4 85.4 92.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 104.9 107.9 110.9 111.5 126.2 129.6 133.1 133.7 128.2 131.7 135.1 135.8 126.2 129.6 133.1 133.7 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 79.5 82.5 85.5 92.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 105.0 108.0 111.0 111.6 126.3 129.7 133.2 133.9 128.3 131.8 135.2 135.9 126.3 129.7 133.2 133.9 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 79.5 82.5 85.5 92.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 105.0 108.0 111.0 111.6 126.3 129.7 133.2 133.9 128.3 131.8 135.2 135.9 126.3 129.7 133.2 133.9 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 80.2 83.2 86.2 92.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 105.7 108.7 111.7 112.3 127.1 130.5 134.0 134.7 129.1 132.6 136.0 136.7 127.1 130.5 134.0 134.7 999.9 999.9 999.9 999.9 © NS Registry of Regulations.

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N.S. Reg. 14/2013 to 16/2013 - 14/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 3 N.S. Reg. 14/2013 to N.S. Reg. 16/2013 Made: January 22, 2013 Filed: January 22, 2013 Pesticide Regulations, Used Oil Regulations and Environmental Emergency Regulations Order in Council 2013-17 dated January 22, 2013 Regulations and amendment to regulations made by the Governor in Council pursuant to Sections 74 and 84, subsection 122A(3),

Section 136 and clause 171(1)(

e) of the Environment Act The Governor in Council on the report and recommendation of the Minister of Environment dated December 4, 2012, and pursuant to Sections 74 and 84, subsection 122A(3),

Section 136 and clause 171(1)(

e) of

Chapter 1 of the Acts of 1994-95, the Environment Act, is pleased, effective on and after January 22, 2013, (

a) pursuant to

Section 84 of

Chapter 1 of the Acts of 1994-95, the Environment Act, to amend the Pesticide Regulations, N.S. Reg. 61/95, made by the Governor in Council by Order in Council 95-300 dated April 11, 1995, to make the regulations consistent with amendments to the Act made by

Chapter 61 of the Acts of 2011,

An Act to Amend

Chapter 1 of the Acts of 1994-95, the Environment Act, in the manner set forth in

Schedule “A” attached and forming part of the report and recommendation; (

b) pursuant to

Section 84 of

Chapter 1 of the Acts of 1994-95, the Environment Act, to amend the Used Oil Regulations, N.S. Reg. 51/95, made by the Governor in Council by Order in Council 95-290 dated April 11, 1995, to make the regulations consistent with amendments to the Act made by

Chapter 61 of the Acts of 2011,

An Act to Amend

Chapter 1 of the Acts of 1994-95, the Environment Act, in the manner set forth in

Schedule “B” attached and forming part of the report and recommendation; (

c) pursuant to

Section 74, subsection 122A(3) and Sections 136 and 171 of

Chapter 1 of the Acts of 1994-95, the Environment Act, to (

i) repeal the Emergency Spill Regulations, N.S. Reg. 59/95, made by the Governor in Council by Order in Council 95-298 dated April 11, 1995, and (ii) make new regulations respecting environmenta l emergencies consistent with amendments to the Act made by

Chapter 61 of the Acts of 2011,

an Act to Amend

Chapter 1 of the Acts of 1994-95, the Environment Act, in the form set forth in

Schedule “C” attached to and forming part of the report and recommendation. N.S. Reg. 14/2013 Pesticide Regulations

Schedule “A” Amendment to the Pesticide Regulations made by the Governor in Council under

Section 84 of

Chapter 1 of the Acts of 1994-95, the Environment Act 1 Clause 2(

s) of the Pesticide Regulations, N.S. Reg. 61/95, made by the Governor in Council by Order in Council 95-300 dated April 11, 1995, is amended by striking out “and meets the requirements prescribed in these regulations”. 66 © NS Registry of Regulations. Web version.

N.S. Reg. 14/2013 - 15/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 3 2 (1) Subsection 7(1) of the regulations is amende d by striking out “Class I - Vendor’s Certificate” in clause (

a) and substituting “Class I(A)–Commercial Vendor’s Certificate”. (2) Subsection 7(1) is further amended by adding the following clause immediately after clause (a): (aa) Class I(B)–Domestic Vendor’s Certificate which authorizes the holder to sell, supply or distribute directly to a pesticide user pesticides that are designated by the federal regulatory authority as domestic-class pest control products; 3 Subsection 8(2) of the regulations is rep ealed and the following subsection substituted:

(2) Before being issued a certificate of qualification, an applicant shall complete an examination and achieve a minimum score of 75%. 4

(1) The heading immediately before

Section 13 of the regulations is amended by striking out “notification” and substituting “notice”. (2) Subsection 13(1) of the regulations is amende d by striking out “notification” and substituting “notice”. (3) Subsection 13(2) of the regulations is amende d by striking out “gives public notification” and substituting “provides notice to the public”. (4) Clause 13(4)(

c) of the regulations is amende d by adding “public” immediately before “notice”. 5 Clause 22(2)(

d) of the regulations is amended by striking out “Emergency Measures Organization” and substituting “Emergency Management Office”. 6 Subsection 23(2) of the regulations is repealed 7 Clause 29(1)(

e) of the regulations is amended by striking out “Emergency Measures Organization” and substituting “Emergency Management Office”. N.S. Reg. 15/2013 Used Oil Regulations

Schedule “B” Amendment to the Used Oil Regulations made by the Governor in Council under

Section 84 of

Chapter 1 of the Acts of 1994-95, the Environment Act 1T h e Used Oil Regulations, N.S. Reg. 51/95, made by the Governor in Council by Order in Council 95-290 dated April 11, 1995, are amended by striking out “, a directive of the Department” in subsection 9(2). 2 Subsection 12(4) of the regulations is amended by (

a) adding “and” at the end of clause (b); (

b) striking out “; and” at the end of clause (

c) and substituting a period; and (

c) repealing clause (d). © NS Registry of Regulations. Web version. 67

N.S. Reg. 15/2013 - 16/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 3 3 (1) Clause 13(3)(

a) of the regulations is amended by striking out “registers with” and substituting “notifies”.

(2) Section 13 of the regulations is further ame nded by adding the following subsection immediately after subsection (3):

(4) If before October 1, 2012, a person registered their use of crankcase oil in a used oil furnace with an Administrator, the person is deemed to have notified an Administrator under clause (3)(a). N.S. Reg. 16/2013 Environmental Emergency Regulations

Schedule “C” Regulations Respecting Environmental Emergencies, Reportable Releases and Unauthorized Releases made by the Governor in Council under

Section 74, subsection 122A(3) and Sections 136 and 171 of

Chapter 1 of the Acts of 1994-95, the Environment Act Citation 1 These regulations may be cited as the Environmental Emergency Regulations.

Definitions 2 In these regulations “Act” means the Environment Act; “Administrator” means a person appointed by the Minister under

Section 3 to administer these regulations; “environmental emergency” means an emergency situation in which there is a release or an impending release of a substance in such quantities that mitigation of the release is beyond the capability of the person responsible because the person responsible lacks the resources, is unknown, or is otherwise unwilling or unable to control and manage the release; “environmental emergency area” means a property, habitat, land, watercourse or other area that is established by an inspector under

Section 10 as an area that has been affected or is likely to be affected during an environmental emergency; “remediate”, in relation to an area affected by a released substance, means to clean up the released substance in accordance with a standard or regulation, or as directed by an inspector; “reportable release” means a release into the environment of a substance in an amount specified in Column 3 of

Schedule A for that substance; “unauthorized release” means a release of a substance into the environment that is any of the following: (

i) prohibited by the Act or a regula tion or standard made under the Act, 68 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 3 (ii) in excess of an amount specified in an approval or by the Act or a regulation or standard made under the Act; (iii) a release described in subclause (

i) or (ii) that is reasonably expected to occur in the foreseeable future. Application of regulations 3( 1 ) These regulations apply to a release of a substance or impending release of a substance into the environment, including all of the following: (

a) an environmental emergency; (

b) a reportable release; (

c) an unauthorized release; (

d) a release of a substance or impending release of a substance into the environment on lands owned or claimed by Her Majesty in the right of Canada.

(2) The notice and reporting requirements in Sections 6 to 8 do not apply to a release of a substance (

a) in an amount that is permitted in an approval; or (

b) for which a reporting requirement is included in an approval for the release.

(3) The notice and reporting requirements in Sections 6 to 8 do not eliminate the requirement to comply with a notice or reporting requirement in another enactment. Administrator 4 The Minister may appoint a person as Administrator to administer these regulations. Qualifications for appointment as emergency responder 5 A person who is not an employee of the Department and who meets all of the following qualifications may apply to the Minister to be appointed under subsection 21(2) of the Act as an inspector for environmental emergencies, to be known as an emergency responder: (

a) the applicant is a member of either a fire or police service for a municipality within the Province; (

b) the applicant has successfully completed the requirements of a national emergency responders certification program; (

c) the municipality where the applicant is a member of a fire or police service is satisfied with the certification of the applicant and provides a written recommendation to the Minister for the applicant’s appointment. Duty to report unauthorized release or reportable release 6( 1 ) A person with a duty to report under

Section 69 of the Act must report an unauthorized release as soon as that person knows or ought to know of it.

(2) A person responsible for a reportable release must report that release as soon as that person knows or ought to know of it. © NS Registry of Regulations. Web version. 69

N.S. Reg. 16/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 3 Verbal notice of unauthorized release or reportable release 7 A person who is reporting a release of a substance under

Section 6 must verbally notify all of the following: (

a) the Minister, through the Depart ment’s emergency telephone number; (

b) if the person reporting is not the owner, the owner of the parcel of land where the release occurred; (

c) any person who the person repor ting knows or ought to know may be directly affected by the release, including the owner or occupant of any parcel of land to which the substance has migrated or is likely to migrate from the location of the release. Written report of unauthorized release or reportable release 8 In addition to the verbal notice required by

Section 7, the Administrator or an inspector may demand in writing that a person required to report an unauthorized release or a reportable release under

Section 6 submit, within the time period specified in the request, a written report to the Department that includes all of the following: (

a) the name, address and tele phone number of the owner of the property where the release occurred; (

b) the name, address, telephone number and signature of the person who is submitting the report; (

c) the location of the release, including the parcel identification number and civic address; (

d) if any substance has migrated or is likely to migrate from the location of the release, a general description of the nature of the migration or likely migration of the substance; (

e) the name, address, and telephone number of the owner of any parcel of land to which any substance has migrated or is likely to migrate from the location of the release, and the location, including the parcel identification number and civic address, of that parcel of land; (

f) a general description of measures taken or to be taken to address the release; (

g) the action taken to identify the cause of the release; (

h) the action taken to prevent a recurrence of the release; (

i) an assessment of the adequacy of the response to the release by a person or agency involved in the response; (

j) the action taken or to be ta ken to dispose of the substance. Remedial measures 9 For the purpose of clause 71(

b) of the Act, an inspector may issue a directive to a person under

Section 122A of the Act requiring the person to take any or all of the following measures as necessary to prevent, reduce or remedy adverse effects after a release of a substance: (

a) recognize an environmental emergency area; (

b) restrict a person or persons from enteri ng into an environmental emergency area; 70 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 3 (

c) restrict vehicle access into an environmental emergency area; (

d) recognize an unsafe area established by an inspector; (

e) construct works required to contain, control or manage the release; (

f) any immediate action that the inspector consid ers necessary to contain, control or manage the release; (

g) measures as directed by the inspector to remediate the area affected by the release. Emergency measures 10 For the purpose of

Section 72 of the Act, in an environmental emergency an inspector may take any or all of the following emergency measures as necessary to prevent, reduce or remedy the adverse effects of a release of a substance: (

a) establish an environmental emergency area; (

b) restrict a person or persons from enteri ng into an environmental emergency area; (

c) restrict vehicle access into an environmental emergency area; (

d) establish an unsafe area; (

e) construct works to contain, control or manage the release; (

f) any immediate action that the inspector consid ers necessary to contain, control or manage the release; (

g) any measures that the inspector considers necessary to remediate the area affected by the release. Emergency orders 11

(1) An emergency order under

Section 128 of the Act may be made by an inspector, including an emergency responder, during or after an environmental emergency or unauthorized release.

(2) An order referred to in subsection (1) may order a person to take any action authorized under

Section 125 or 126 of the Act, including any or all of the following: (

a) to take the action specified to dispose of the substance that has been released; (

b) to remediate the environment impacted by the release; (

c) to do all things identified as necessary to repair an injury or damage directly or indirectly caused by or resulting from the release.

(3) An order referred to in subsection (1) must be confirmed as required by subsection 128(2) of the Act.

(4) An inspector or the Administrator may determine when an environmental emergency has ended.

(5) If a person ordered to take action under subsection (1) fails to comply with the order, the Minister may act under

Section 132 of the Act. © NS Registry of Regulations. Web version. 71

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Part II - Regulations Vol. 37, No. 3 Recovering costs 12

(1) For the purpose of

Section 169 of the Act, reasonable costs, expenses or other charges that are incurred by the Minister, the Administrator or an inspector in carrying out measures with respect to an environmental emergency or an unauthorized release and that are supported by proper receipts may be recovered by 1 of the following methods: (

a) for a claim of less than or equal to $5000, by issuing an order to pay against the person responsible for the need to take the measures; (

b) for a claim of greater than $5000 or greater , by taking an action in a court of competent jurisdiction against the person responsible for the need to take the measures.

(2) If the person against whom an order is issued under clause (1)(

a) fails to pay, the Minister or the Administrator may file the order with the prothonotary of the Supreme Court and it has the same effect as an order filed under subsection 132(7) of the Act.

Schedule A Reportable Release of Substance Amounts Column 1 Column 2 Column 3 TDGA Class* Description of Substance Reportable Release Amount 1 All Class 1 explosive any amount 2 2.1 compressed gas (flammable) 100 L or more 3 2.2 compressed gas (non-corrosive, non-flammable) 100L or more 4 2.3 compressed gas (toxic) any amount 5 3 flammable liquid 100 L or more 6 4.1 flammable solid 25 kg or more 7 4.2 spontaneously combustible solid 25 kg or more 8 4.3 water reactant solid 25 kg or more 9 5.1 oxidizing substance 50 L or more –or– 50 kg or more 10 5.2 organic peroxide 1 L or more –or– 1 kg or more 11 6.1 poisonous substance 5 L or more –or– 5 kg or more 12 6.2 infectious substance any amount 13 7 radioactive substance any amount 72 © NS Registry of Regulations.

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Part II - Regulations Vol. 37, No. 3 14 8 corrosive substance 5 L or more –or– 5 kg or more 15 9 (in part) miscellaneous produc t or substance, excluding PCB mixtures and environmentally hazardous substances 25 L or more –or– 25 kg or more 16 9 (in part) PCB mixture of 50 or more parts per million 0.5 L or more –or– 0.5 kg or more 17 9 (in part) environmentally hazardous substance 1 L or more –or– 1 kg or more 18 n/a asbestos waste as defined in the Asbestos Waste Management Regulations made under the Act 50 kg or more 19 n/a used oil as defined in the Used Oil Regulations made under the Act 100 L or more 20 n/a contaminated used oil as defined in the Used Oil Regulations made under the Act 5 L or more 21 n/a pesticide in concentrated form 5 L or more –or– 5 kg or more 22 n/a pesticide in diluted form 70 L or more 23 n/a unauthorized sewage discharge into fresh water or sensitive marine water 100 L or more 24 n/a ozone-depleting substance as defined in the Ozone Layer Protection Regulations made under the Act 25 kg or more (*“TDGA Class”, in relation to a substance, refers to the class of that substance as listed in the

Schedule to the Transportation of Dangerous Goods Act (Canada).) N.S. Reg. 17/2013 Made: January 22, 2013 Filed: January 22, 2013 Approval and Notification Procedures Regulations Order in Council 2013-18 dated January 22, 2013 Regulations made by the Governor in Council pursuant to

Section 66 of the Environment Act The Governor in Council on the report and recommendation of the Minister of Environment dated December 4, 2012, and pursuant to

Section 66 of

Chapter 1 of the Acts of 1994-95, the Environment Act, is pleased, effective on and after January 22, 2013, to © NS Registry of Regulations. Web version. 73

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Part II - Regulations Vol. 37, No. 3 (

a) repeal the Approvals Procedure Regulations, N.S. Reg. 48/95, made by the Governor in Council by Order in Council 95-287 dated April 11, 1995; and (

b) make new regulations respecting approval and no tification procedures consistent with amendments to the Environment Act made by

Chapter 61 of the Acts of 2011,

An Act to Amend [Chapter 1 of the Acts of 1994-95,] the Environment Act, in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation.

Schedule “A” Regulations Respecting Approval and Notification Procedures made by the Governor in Council under

Section 66 of

Chapter 1 of the Acts of 1994-95, the Environment Act Citation 1 These regulations may be cited as the Approval and Notification Procedures Regulations.

Definitions 2 In these regulations, “Act” means the Environment Act; “activity” means an activity listed in the Activities Designation Regulations; “Activities Designation Regulations” means the Activities Designation Regulations made under the Act; “Administrator” means an administrator who has been designated by the Minister as the person responsible for the activity to which the application or notification relates; “application” means an application (

i) for a class of approval, (ii) to make a change to an activity that is the subject of an existing approval, (iii) to amend a term or condition of, add a term or condition to or delete a term or condition from an approval, (iv) to renew an approval, (

v) to change the class of an approval, (vi) to transfer an approval, (vii) for an approval for an activity that is being carried on under a notification; “class”, in relation to an approval, means a class of approval set out in

Section 3 and as designated in the Activities Designation Regulations or another regulation; 74 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 3 “completed application” means an application, including additional information submitted under subsection 53(2) of the Act, that contains all the information necessary to enable the Minister to begin a detailed review of the application; “compliance audit” means an audit under

Section 26 conducted by an inspector for the purpose of determining if an activity being carried out under a notification is in compliance with the Act, a regulation or a standard; “confidential business information” includes a trade secret and know-how, but does not include information about the environmental effects of or associated mitigation measures for a proposed activity; “fee” means a fee established by the Minister in the Fees Regulations made under clause 8(2)(

k) of the Act; “notification receipt” means a receipt issued by the Minister to a notifier under

Section 25; “notifier” means a person who submits a notification; “regulation” means a regulation made under the Act, unless the context otherwise requires; “security” means any financial or other security required by the Activities Designation Regulations or another regulation for an activity for which an approval is required, to be provided by the applicant as required by

Section 65A of the Act and in the manner specified in these regulations; “site” means the lands where an activity or proposed activity will take place, identified (

i) in relation to an approval, in the manner d escribed in clause 6(1)(

e) or subsection 16(2), or (ii) in relation to a notification, in the manner described in clause 24(3)(b); “trade secret” means a trade secret as defined in the Freedom of Information and Protection of Privacy Act. Approvals Classes of approval 3( 1 ) The classes of approval are as follows: (

a) Type A approval; (

b) Type B approval.

(2) A Type A approval is required for a designated activity unless the activity is designated in the Activities Designation Regulations for a Type B approval or for notification.

(3) A person may apply for a Type A approval for an activity that has been designated for a Type B approval or for notification. Application form 4( 1 ) An application must be made on the form approved by the Minister for the class of approval that is sought. © NS Registry of Regulations. Web version. 75

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Part II - Regulations Vol. 37, No. 3

(2) An application must be made and signed by (

a) a person who is an authorized signatory of th e applicant, in the case of an application referred to in subclause 2(

i) or (vii) [in the definition of “application”]; (

b) the approval holder, in the case of an application referred to in subclause 2(ii), (iii), (iv), (

v) or (vi) [in the definition of “application”]; or (

c) by an agent of a person identified in clause (

a) or (

b) who produces proof of authorization to make the application. Confidential business information 5( 1 ) In this Section, “claim” means an applicant’s claim under subsection (4) that information provided by the applicant is to be protected under the Freedom of Information and Protection of Privacy Act.

(2) This

Section is subject to the Freedom of Information and Protection of Privacy Act and regulations made under that Act.

(3) All information filed with the Department in support of an application, including information filed under

Part V of the Act, is public information.

(4) Information that an applicant claims to be protected under the Freedom of Information and Protection of Privacy Act as confidential business information, must be clearly identified to the Administrator.

(5) If an applicant claims information to be confidential business information, the Administrator must review the claim and, until a decision is made under subsection (7), must take adequate precautions to prevent disclosure of the information.

(6) When reviewing a claim, the Administrator may request additional information to support the claim, including what steps the applicant has taken to maintain the confidentiality of the information.

(7) Within 14 days following the date of receipt of a claim or within any other time period agreed to by the applicant and the Administrator, the Administrator must advise the applicant in writing whether the claim is accepted or rejected in whole or in part.

(8) An appeal from a decision under subsection (7) is to the Minister.

(9) Information accepted to be confidential business information under subsection (7) must not be disclosed to the public and the Administrator must take adequate precautions to prevent the disclosure of the information.

(10) If the Administrator rejects a claim, the applicant must notify the Administrator in writing that (

a) the claim is waived and the applicant wishes to continue to proceed with the application; or (

b) the application is to be withdrawn, in whic h case the Administrator must immediately return to the applicant all of the information submitted with the application. Approval application information 6( 1 ) Unless specified otherwise on the application form for the class of approval sought or by the Minister under subsection (2), an application must be accompanied by all of the following information: 76 © NS Registry of Regulations. Web version.

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a) the name, address, e-mail address, telephone and fax number of the applicant and, if applicable, proof of current registration with the Registrar of Joint Stock Companies; (

b) the location of the site and the capacity and si ze of the activity to which the application relates; (

c) the nature of the activity, the change to the ac tivity or the amendment, addition or deletion of a term or condition, as the case may be; (

d) proof that the applicant (

i) owns the site, (ii) has a lease or other written agreement or option with the landowner or occupier to enable the applicant to carry out the activity on the site, or (iii) has the legal right or ability to carry out the activity without the consent of the landowner or occupier; (

e) a plan or sketch of the site or, if the Mini ster considers it necessary, a survey plan prepared by a registered Nova Scotia land surveyor; (

f) if required by the Minister under subsection 53( 4) of the Act, any municipal approval, permit or other authorization referred to in that subsection; (

g) detailed plans and specifications that, if required by the Minister, are stamped by a professional engineer licensed to practise in Nova Scotia; (

h) a detailed description of the activity to which the application relates; (

i) details of site suitability and sensitivity, in cluding proximity to watercourses, residences and institutions, geology and hydrogeology; (

j) copies of existing approvals relating to the activity that have been issued to the applicant under the Act or a predecessor to the Act; (

k) copies of any environmental assessment study reports that may pertain to the activity; (

l) the proposed or actual dates of the commencem ent of construction, completion of construction, commencement of operation and completion of the project; (

m) a description of any substance that will or mi ght be released into the environment as a result of the activity, including all of the following: (

i) the source of the substance, (ii) the amount of the substance, (iii) the environmental impact of a release of the substance, (iv) the method by which the substance will be released, © NS Registry of Regulations. Web version. 77

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v) the measures to be taken to reduce the amount of the substance released or to mitigate its impacts; (

n) a

summary of the required environmental mon itoring information not already submitted to the Department that was gathered during any previous approval period or while the activity was regulated by a notification; (

o) a

summary of the performance of substance re lease control systems used for the activity and not already submitted to the Department, including performance during any previous approval period or while the activity was regulated by a notification; (

p) an explanation for the release of substances in to the environment as a result of the activity; (

q) proof that security, if required, will be provided; (

r) a description of any adverse effect, including su rface disturbance, that may or will result from the activity and how it will be controlled; (

s) contingency plans to deal with any reasona bly foreseeable sudden or gradual release of a substance that is likely to have an adverse effect; (

t) a preliminary abandonment or rehabilitation pl an and, if required, a final abandonment or rehabilitation plan; (

u) a description of any public consultation undertaken or proposed by the applicant; (

v) information required to be submitted as part of or in support of the application under a regulation or standard; (

w) any additional information required by the Mi nister in a policy or guideline for the type of activity covered by the notification.

(2) The Minister may waive in writing any of the requirements of subsection (1) if the Minister is satisfied that a requirement is not relevant to a particular application or that the application is an application for a renewal. Information to complete application 7( 1 ) If an application is not complete, the Department must notify the applicant in writing and request the information necessary to make the application complete.

(2) An applicant who disputes a decision that their application is incomplete may appeal the decision to the Minister.

(3) If information is not supplied by an applicant within 3 months of a request under subsection (1), the Minister may reject the application and must immediately advise the applicant in writing that the application has been rejected.

(4) An applicant may request from the Minister an extension of the 3-month time limit prescribed in subsection (3). Request for additional information during review 8( 1 ) During the review of an application, the Minister may request oral information or additional written information from any of the following: 78 © NS Registry of Regulations. Web version.

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a) an applicant or an agent of the applicant; (

b) a person who is directly affected by the application; (

c) a local authority, the Government, a Government agency or the Government of Canada or any agency or department of the Government of Canada; (

d) any other source that the Minister considers appropriate.

(2) An applicant must be given an opportunity to respond to information received from a source referred to in clause (1)(b), (

c) or (d).

(3) Before approving an application, the Minister may require that the applicant provide a consultative process in the area where the activity or the proposed activity is or may be located. (4) Subsection (3) does not apply if an application has been processed under

Part IV of the Act. Purpose and scope of review 9( 1 ) In reviewing an application, the Minister must determine whether the impact of the activity on the environment conforms with the Act and applicable regulations and standards.

(2) In reviewing an application, the Minister may also consider whether the activity is consistent with established Departmental policies, programs, guidelines, objectives or approval processes.

(3) A review may include, but is not limited to, the following matters: (

a) proposed methods of reducing the ge neration, use and release of substances; (

b) available alternative technologies; (

c) design plans and specifications for the activity; (

d) site suitability, including soils, air and wate r quality, groundwater conditions, site drainage, water supply quantity and wastewater disposal alternatives; (

e) the proposed monitoring programs to measure emissions and their effect on the environment; (

f) proposed methods of managing the storage, treatment and disposal of substances; (

g) proposed plans to complete the rehabilitati on required in connection with the activity and available information about the success or failure of similar plans elsewhere; (

h) the past performance of the applicant in provi ding for environmental protection with respect to the activity. Issuance of approval 10

(1) The Minister may issue an approval on payment of the administrative fee and user fee for the class of approval issued.

(2) If the Minister refuses to issue an approval or the class of approval sought, the Minister must advise the applicant in writing of the decision and inform the applicant about what appeal processes are available. © NS Registry of Regulations. Web version. 79

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(3) If there is a change in the name of an approval holder, the approval holder must advise the Department in writing within 30 days of the change. Duration and renewal of approval 11

(1) Unless provided otherwise under subsection 58(3) of the Act or a regulation, on issuing or renewing an approval, the Minister must not permit the duration of the approval to exceed 10 years.

(2) An applicant may request an approval with a shorter duration than the 10-year maximum period permitted by subsection (1).

(3) The Minister may renew an approval, with or without changes, on application and payment of the administrative fee and the user fee for the class of approval being renewed. Approval transfers 12

(1) A sale of a controlling interest in a business or a transfer of an approval from a parent company to a subsidiary or an affiliate is deemed to be a transfer requiring consent under subsection 59(1) of the Act.

(2) If security is required for an activity, the Minister must not approve a transfer, sale, lease, assignment or other disposition of an approval for the activity until the Minister is satisfied that good and valuable security has been provided by the new owner or operator. Providing and maintaining security 13

(1) If security is required for an activity, the Minister must not issue an approval for the activity until the Minister is satisfied that good and valuable security has been provided.

(2) An approval holder must ensure that any security provided is kept in effect (

a) for the term of the approval and the time pe riod provided in subsection 20(4) if the site is abandoned; or (

b) for any other term as required in the Activity Designation Regulations or another regulation that establishes the requirement for the security.

(3) An approval holder who is required to provide security must provide evidence to the Minister at least 60 days before the expiry date of the security that the security has been renewed. Amount of security 14

(1) Security provided for an activity must be in an amount determined by the Minister to be sufficient to ensure completion of rehabilitation of the site based on all of the following: (

a) the estimated costs of rehabilita tion submitted by the approval holder; (

b) the nature, complexity and extent of the activity; (

c) the probable difficulty of rehabilitation, cons idering factors such as topography, soils, geology, hydrology and re-vegetation; (

d) any additional factors that the Minister considers to be relevant.

(2) An approval holder must provide detailed information in support of their estimate of the costs of rehabilitation. 80 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 3 Apportioning security 15 The Minister may designate portions of a site on which an activity is or will be taking place and determine the amount of security to be provided by the approval holder for each portion so designated. Adjusting amount of security 16

(1) The Minister may periodically review the amount of security required from an approval holder, and in any of the following circumstances may either increase or decrease the amount of security required: (

a) the estimated cost of future rehabilitation changes; (

b) the work on the site within the scope of the approval is increased or reduced; (

c) the site or any porti on of it is rehabilitated; (

d) a rehabilitation plan in an approval is changed; (

e) the approval holder is conducti ng more than 1 activity for which security is required on the site; (

f) any other circumstance that may increase or decrease the estimated cost of rehabilitation.

(2) To complete a review under subsection (1), the Minister may require the approval holder to supply updated engineering drawings that show such matters as the extent of progressive rehabilitation and the areas of disturbance.

(3) The Minister may specify times or establish a

schedule for re-evaluating and adjusting security provided by an approval holder.

(4) No later than 7 days after deciding to increase or decrease the amount of security required from an approval holder, the Minister must notify the approval holder in writing of the proposed adjustment and, if the amount of security required is increased, the approval holder must immediately post the required additional security with the Department. Form of security 17

(1) Security must be in 1 or more of the following forms: (

a) cash; (

b) cheques or other similar negotiable instrument s made payable to the Nova Scotia Department of Finance; (

c) Government-guaranteed bonds, debentures, te rm deposits, certificates of deposit, trust certificates or investment certificates assigned to the Nova Scotia Department of Finance; (

d) irrevocable letters of credit, irrevocable letters of guarantee, performance bonds or surety bonds in a form acceptable to the Minister; (

e) any other form of security that provides good a nd valuable consideration and that is approved in writing by the Minister.

(2) Any interest that accrues on any security deposited with the Department by an approval holder must be paid to the approval holder. © NS Registry of Regulations. Web version. 81

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(1) If the Minister is satisfied that rehabilitation has been performed satisfactorily on all or part of a site, the Minister may return or direct the return of all or part of the security provided by the approval holder.

(2) If rehabilitation of a site has been partially completed, the Minister may, on application by the approval holder, return or direct the return of a portion of the security in an amount determined by the Minister.

(3) No later than 7 days after deciding under

Section 16 to decrease the amount of security required from an approval holder, the Minister must return or direct the return of a portion of the security provided by the approval holder together with any interest that has accrued on the security.

(4) No later than 7 days after refusing an application for an approval, the Minister must return or direct the return of any security that the applicant deposited with the Department.

(5) On the sale, transfer or other disposition of a site covered by security and on consent being granted under

Section 59 of the Act, the Minister must, on application by the approval holder, return the security to the approval holder if an approval is granted to the new owner or operator and security approved by the Minister is provided by the new owner or operator. Forfeiting security 19

(1) The Minister may order that all or part of the security provided by an approval holder be forfeited if any of the following occur[s]: (

a) a person fails to comply with an approved ab andonment plan, a rehabilitation plan or an order from the Minister regarding rehabilitation of the site and the failure to comply may, in the opinion of the Minister, prevent or otherwise interfere with rehabilitation of the site; (

b) a person fails to provide evidence that th e security has been renewed in accordance with subsection 13(3) and rehabilitation is not complete.

(2) If the Minister orders security to be forfeited, the Minister must give written notice of the decision to the approval holder by fax or mail sent to the most recent known address of the approval holder.

(3) The Minister may spend as much of the forfeited security as is reasonably necessary to carry out the rehabilitation of the site and other lands on which the activity has an impact and must keep records of any money spent.

(4) If the amount of the forfeited security exceeds the amount required for rehabilitation, the Minister must pay the excess amount to the approval holder.

(5) If the amount of the forfeited security is insufficient to pay for the cost of rehabilitation, the approval holder remains liable for the balance of the cost. Abandoning site 20

(1) An approval holder may abandon all or part of a site covered by an approval by providing written notice to the Minister at least 60 days before the date of the proposed abandonment.

(2) Unless the Minister approves otherwise in writing, an abandonment does not relieve the approval holder or other person responsible of any obligation to comply with a requirement (

a) contained in the Act or a regulation, standard or order made under the Act; 82 © NS Registry of Regulations. Web version.

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b) contained in an approval; or (

c) otherwise directed by the Minister to be met by the approval holder or other person.

(3) Unless exempted in writing by the Minister, an approval holder must comply with an obligation identified in subsection (2) for a period of 2 years from the date of abandonment or for any longer or shorter time period specified in writing by the Minister.

(4) Unless exempted in writing by the Minister, the approval holder must ensure that any security provided for an activity on a site that is subsequently abandoned is kept in effect for the time period referred to in subsection (3). Rehabilitating site 21

(1) An approval holder must rehabilitate the site to the satisfaction of the Minister and in accordance with all of the following: (

a) the approval; (

b) the Act; (

c) an applicable rehabilitation method, if est ablished by a regulation, or an approved rehabilitation plan.

(2) An approval holder must submit a rehabilitation plan to the Minister for approval at least 60 days before abandoning the site, unless an applicable rehabilitation method has already been established by a regulation.

(3) At the Minister’s request, an approval holder must submit a final rehabilitation plan to the Minister to replace any initial or conceptual rehabilitation plan that the approval holder previously submitted.

(4) No later than 14 days after the date a rehabilitation plan is submitted to the Minister, the Minister must notify the approval holder of whether the plan is approved or not.

(5) The Minister may issue a rehabilitation certificate to an approval holder if the Minister is of the opinion that rehabilitation of the site has been satisfactorily completed. Notifications Limits on use of notification 22

(1) A person must not provide a notification for an activity other than an activity designated as requiring a notification.

(2) A person must not commence an activity that is designated as requiring a notification before obtaining a notification receipt.

(3) A person who is carrying out an activity that is designated as requiring a notification must have a copy of a notification receipt for the activity on the site at all times when the activity is being carried out and must produce the notification receipt on demand by an inspector.

(4) An activity carried on under a notification may be commenced or continued only during the time period indicated on the notification receipt for that activity.

(5) The time period indicated on the notification receipt for carrying out the activity must not exceed 10 years in duration. © NS Registry of Regulations. Web version. 83

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(6) A notifier who intends to continue an activity beyond the time period indicated on the notification receipt for the activity must renew the notification by submitting a notification form and paying the applicable fee in accordance with

Section 24, and must obtain a new notification receipt.

(7) If an activity is to be changed substantially from way it is described in the information that was submitted with the notification for the activity, the notifier must, before making the change, provide a new notification to the Department and obtain a new notification receipt.

(8) If the requirements of a regulation, including a standard, for carrying on an activity under a notification cannot be met or are not being met, a person who intends to carry out or has been carrying out the activity must obtain a Type A approval before commencing or continuing the activity.

(9) If a person carrying out an activity under a notification does not have the notification receipt for the activity on-site or produce it at the request of an inspector as required by subsection (2), the notification is deemed to be cancelled.

(10) A person must not carry on an activity covered by a notification (

a) once the Minister has given written notice of the cancellation of the notification under subsection 27(2); or (

b) once the notification is deemed to be cancelled under subsection (8). Who may be notifier 23 Subject to any further limitation set out in the Activities Designation Regulations on who may provide a notification for a designated activity, a notification must be made by 1 of the following: (

a) the person with primary responsibility for the designated activity to be carried out; (

b) the owner of the property where the d esignated activity is to be carried out; (

c) an agent of a person identified in clause (

a) or (

b) who produces proof of their authorization to make the notification; (

d) a person who is a member of a class of pe rsons established by a regulation, including a standard, as able to provide a notification for the designated activity to be carried out. Submitting notification 24

(1) A notification must be submitted to the Department, together with the applicable fee, so that it is received by the Department at least 5 days before the occurrence of any of the following: (

a) the date on which the notifier wishes to commence the activity under the notification; (

b) if renewing a notification, the expiry of the time period specified in the existing notification receipt; (

c) the date on which the notifier wishes to implemen t a change to an activity that is being carried out under a notification and is to be changed substantially.

(2) A notification must be made on the notification form approved by the Minister. 84 © NS Registry of Regulations. Web version.

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(3) Unless specified otherwise on the notification form or by the Minister under subsection (4), a notification must include all of the following information: (

a) the name, address, e-mail address, telephone and fax number of the notifier and, if applicable, proof of current registration with the Registrar of Joint Stock Companies; (

b) the location of the site and the capacity and size of the activity to be carried out under the notification; (

c) the nature of the activity, or the substa ntive change to the activity, as the case may be; (

d) proof that the notifier (

i) owns the site, (ii) has a lease or other written agreement or option with the landowner or occupier to enable the notifier to carry out the activity on the site, or (iii) has the legal right or ability to carry out the activity without the consent of the landowner or occupier; (

e) the proposed or actual dates of the commencem ent of construction, completion of construction, commencement of operation and completion of the project, or the new dates in the case of a notification under subsection 22(6); (

f) confirmation that the activity is an activity designated as requiring a notification; (

g) a sworn statement of intent signed by the notifier that the notifier knows and understands the regulations, including standards, that apply to the activity to which the notification relates and that the notifier will carry out the activity in compliance with the Act and the applicable regulations, including standards; (

h) any additional information required by the Minister in a standard, policy or guideline.

(4) The Minister may waive in writing any of the requirements of subsection (3) (

a) if the Minister is satisfied that the requirement is not relevant to a particular notification or type of activity; or (

b) for a notification that is submitted under subsection 22(6) to continue an activity.

(5) For a notification that is submitted under subsection 22(6), the notifier must document any changes that have happened since the initial notification was submitted. Issuing notification receipt 25 Unless the notification is cancelled under

Section 27, the Department must provide a notification receipt to a notifier who submits a notification in accordance with

Section 24. Compliance audits 26

(1) Before, while or after carrying out an activity under a notification, the notifier must furnish all information about the activity that is requested by an inspector under

Section 118 of the Act to the inspector for a compliance audit, which may include any of the following: © NS Registry of Regulations. Web version. 85

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a) a plan or sketch of the site or, if the insp ector considers it necessary, a survey plan prepared by a registered Nova Scotia land surveyor; (

b) any municipal approval, permit or othe r authorization required for the activity; (

c) detailed plans and specifications for the activity that, if required by the inspector, are stamped by a professional engineer licensed to practise in Nova Scotia; (

d) a detailed description of the activity to which the notification relates; (

e) details of site suitability and sensitivity, in cluding proximity to watercourses, residences and institutions, geology, hydrogeology and water source; (

f) a description of any substance that will or might be released into the environment as a result of the activity, including all of the following: (

i) the source of the substance, (ii) the amount of the substance, (iii) the environmental impact of a release of the substance, (iv) the method by which the substance will be released, (

v) the measures to be taken to reduce the amount of the substance released or to mitigate its impacts; (

g) mitigation measures in place for a chemical or bacteria concentration in excess of the permitted level; (

h) information about the activity that is requi red to be submitted under any other regulation; (

i) if the Activity Designation Regulations or another regulation requires that notification for the activity be provided by a member of a prescribed class of persons, proof of membership in that class of persons; (

j) any information that the notifier is required to keep under a standard, policy or guideline of the Minister for the type of activity covered by the notification.

(2) If required to do so by an inspector, a notifier must provide the Department with notice as soon as an activity under a notification is completed.

(3) If an inspector makes an oral request under this Section, a written request must also be provided as soon as practical. Cancelled notification 27

(1) A notification is cancelled in any of the following circumstances: (

a) the notifier fails to comply with a request for information by an inspector who is carrying out a compliance audit under

Section 26; (

b) the notifier fails to comply with the Act, a regulation or a standard; 86 © NS Registry of Regulations. Web version.

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c) the Minister is satisfied that an adverse eff ect may occur as a result of the continuation of the activity covered by the notification; (

d) the Minister is satisfied that the activity c overed by the notification requires an approval rather than a notification.

(2) The Minister must give written notice to a notifier whose notification is cancelled under subsection (1), stating (

a) if a notification receipt has not been issued, that the notification is cancelled and no notification receipt will be issued; or (

b) if a notification receipt has been issued, that the notification and the notification receipt are cancelled and permission to carry out the activity covered by the notification is withdrawn. Compliance Monitoring and Service Costs Compliance monitoring 28

(1) Unless the Minister provides a waiver in writing, an approval holder, notifier or other person responsible for the activity must undertake compliance monitoring as required in the approval or by the Act or a regulation or standard, as applicable.

(2) An approval holder, notifer or other person responsible for compliance monitoring must submit the results of the compliance monitoring to the Department at the times specified by the Minister or as required by a regulation or standard.

(3) A person responsible for compliance monitoring must report a release of a substance into the environment that exceeds what is authorized by the approval or permitted under the notification, as applicable, in the manner required by the Act or a regulation or standard.

(4) An approval holder or notifier is responsible for paying the costs of any required compliance monitoring. Costs for sampling and other services 29 The cost of any sampling, analysis or other service required in an approval or for an activity being carried on under a notification must be paid by the approval holder or notifier, as applicable. N.S. Reg. 18/2013 to 19/2013 Made: January 22, 2013 Filed: January 22, 2013 Environmental Assessment Regulations and Environmental Assessment Review Panel Regulations Order in Council 2013-19 dated January 22, 2013 Amendment to regulations and regulations made by the Governor in Council pursuant to

Section 49 of the Environment Act The Governor in Council on the report and recommendation of the Minister of Environment dated December 4, 2012, and pursuant to

Section 49 of

Chapter 1 of the Acts of 1994-95, the Environment Act, is pleased, effective on and after January 22, 2013, to: © NS Registry of Regulations. Web version. 87

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a) amend the Environmental Assessment Regulations, N.S. Reg. 26/95, made by the Governor in Council by Order in Council 95-220 dated March 21, 1995, to reflect changes to the Act that result in the replacement of the Nova Scotia Environmental Assessment Board in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation; (

b) repeal the Nova Scotia Environmental Assessment Board Regulations, N.S. Reg. 27/95, made by the Governor in Council by Order in Council 95-221 dated March 21, 1995; and (

c) make new regulations respecting environmental assessment review panels in the form set forth in

Schedule “B” attached to and forming part of the report and recommendation. N.S. Reg. 18/2013 Environmental Assessment Regulations

Schedule “A” Amendment to the Environmental Assessment Regulations made by the Governor in Council under

Section 49 of

Chapter 1 of the Acts of 1994-1995, the Environment Act 1T h e Environmental Assessment Regulations, N.S. Reg. 26/95, made by the Governor in Council by Order in Council 95-220 dated March 21, 1995, are amended by striking out “the Board” everywhere it appears and substituting “a review panel”. 2 Subsection 23(3) of the regulations is amended by striking out “Environmental Assessment Board Regulations” and substituting “Environmental Assessment Review Panel Regulations”. N.S. Reg. 19/2013 Environmental Assessment Review Panel Regulations

Schedule “B” Regulations Respecting an Environmental Assessment Review Panel made by the Governor in Council under

Section 49 of

Chapter 1 of the Acts of 1994-95, the Environment Act Citation 1 These regulations may be cited as the Environmental Assessment Review Panel Regulations.

Definitions 2 In these regulations, “Act” means the Environment Act; “Administrator” means a person appointed by the Minister under the Act to carry out the responsibilities set out in

Section 3, and includes an acting Administrator; “Chair” means the person designated by the Minister to be the chair of a review panel; 88 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 3 “confidential business information” includes a trade secret and know-how, but does not include information about the environmental effects of or associated mitigation measures for a proposed undertaking; “Environmental Assessment Regulations” means the Environmental Assessment Regulations made under the Act; “formal presentation” means a written submission by an intervenor to a review panel, and includes any oral

summary given by the intervenor at the hearing; “hearing” means a public hearing or review conducted by a review panel under subsection 44(1) of the Act; “informal presentation” means an oral presentation by an intervenor to a review panel; “intervenor” means a person who has requested a time period to make a presentation at a hearing in accordance with

Section 10; “public record” includes all of the following: (

i) any correspondence, document, submission, transcript or exhibit filed with a review panel, excluding confidential business information, (ii) a report prepared under the Environmental Assessment Regulations, (iii) a report prepared by a review panel under

Section 39 of the Act, (iv) a decision made by the Minister under

Section 40 of the Act following receipt of a report referred to in subclause (iii); “trade secret” means a trade secret as defined in the Freedom of Information and Protection of Privacy Act. Administrator’s responsibilities 3 The Administrator is responsible for all of the following: (

a) administering and directing th e operations of a review panel; (

b) organizing all activities of a review panel, including maintaining a file containing all correspondence, documents and submissions respecting an undertaking after an environmental-assessment report is referred to a review panel; (

c) except as prohibited by law, making copies availabl e to anyone of material in the file referred to in clause (b); (

d) receiving and responding to inquiries concerning the hearing process; (

e) supervising a hearing; (

f) performing any functions that are assigned by the Minister or the Governor in Council. Review panel 4( 1 ) A review panel must have at least 3 members. © NS Registry of Regulations. Web version. 89

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(2) A majority of a review panel constitutes a quorum.

(3) If a review panel member is temporarily absent or unable to attend a hearing, the member or members remaining present may (

a) exercise and perform all the jurisdiction, powers and duties of the review panel; or (

b) temporarily adjourn the hearing.

(4) The Minister may remunerate review panel members and reimburse them for reasonable expenses. Public consultation 5( 1 ) The Administrator must publish notice of a referral of an environmental-assessment report to a review panel under clause 38(1)(

b) or (

c) of the Act in the manner provided in

Section 29 of the Environmental Assessment Regulations and invite the public to provide written comments to the Administrator within the 48 days following the date the notice is published.

(2) The Minister may extend the period set out in subsection (1) for the public to provide written comments and must provide the proponent with written notice of any extension. Hearing locations 6( 1 ) A review panel may hold sessions of a hearing in various locations in the Province depending on the nature of the undertaking.

(2) At least 1 session of a hearing must be held in the village, town or city located nearest to the site of the proposed undertaking, if in the opinion of the Chair it is practical to do so.

(3) If sessions of a hearing are held in various locations, the Chair may, to prevent undue repetition of evidence, decide that the official transcript of the oral evidence presented in a session held at one location is considered part of the evidence in a subsequent session held at a different location. Notice of hearing 7( 1 ) The Administrator must sign a notice of hearing no later than 14 days after the date an environmental-assessment report is referred to a review panel under clause 38(1)(

b) or (

c) of the Act.

(2) A notice of hearing must be in the form approved by the Administrator and must include the time, place and purpose or subject of the hearing.

(3) A notice of hearing must be published twice in accordance with the following deadlines: (

a) unless directed otherwise by the Chair, the 1s t publication of the notice of hearing must occur no later than 21 days before the date the hearing is to begin; (

b) the 2nd publication of the notice of hearing mu st occur no later than 14 days before the date the hearing is to begin.

(4) The 1st and 2nd publication of a notice of hearing must each be published in the manner provided in

Section 29 of the Environmental Assessment Regulations, except that the publication need only appear once in the Royal Gazette.

(5) In addition to publishing it as required by subsection (4), the Administrator may post a notice of hearing in a public building located near the site of the proposed undertaking. 90 © NS Registry of Regulations. Web version.

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(6) The Administrator may serve a notice of hearing on any person, body or organization by ordinary mail and may invite any person, body or organization to make a presentation at the hearing.

(7) The Chair may accept an affidavit of the Administrator setting forth how and when service was effected as evidence that a notice of hearing was served. On-site visit or inspection 8( 1 ) A review panel may request that a proponent whose undertaking is under review meet with the review panel 1 or more times before the hearing begins, to allow the review panel to visit or inspect the site of the undertaking.

(2) The Administrator must record in writing any visit or inspection under subsection (1), including the date and time of the visit or inspection and the identity of the persons in attendance. Pre-session conference 9( 1 ) The Administrator and the Chair may conduct a pre-session conference before a hearing begins.

(2) A pre-session conference may include an explanation of the rules of procedure for the hearing, identification of the participants and witnesses, definition of the issues, estimation of the length of the hearing, and any additional matter that the Chair considers appropriate.

(3) Notice of a pre-session conference must be in the form determined by the Administrator and the Chair and, if practical, must be given no later than 3 days before the date of the pre-session conference.

(4) The Administrator and the Chair may determine which participants are to be given notice to attend a pre-session conference. Intervenors 10

(1) Any person who has an interest in or is affected by the subject matter of a hearing may be an intervenor at the hearing.

(2) A person who wishes to be an intervenor must contact the Administrator no later than 14 days before the date the hearing is to begin to request a time period to appear personally or by counsel at the hearing.

(3) An intervenor must, if possible, make a formal presentation.

(4) An intervenor must advise the Administrator whether the intervenor intends to make a formal presentation or an informal presentation.

(5) An intervenor’s written submission must be delivered to the Administrator no later than 10 days before the date the hearing is to begin.

(6) The Chair may direct that a copy of an intervenor’s written submission be delivered to any additional person who has an interest in or is affected by the subject matter of the hearing. Submitting written material to review panel 11

(1) A person other than an intervenor who wishes to submit written material, including journals, studies and reports, to a review panel must submit a copy of each item or document to the Administrator no later than 7 days before the date the hearing is to begin. © NS Registry of Regulations. Web version. 91

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(2) Written material submitted under subsection (1) forms part of the public record.

(3) Unless directed otherwise by the Chair, a person who submits written material under subsection (1) must, before the hearing begins, provide copies to the proponent and to any additional persons specified by the Chair.

(4) Any oral presentation in relation to written material submitted under subsection (1) must be limited to highlighting essential features of the material and responding to questions on the material. Summonses 12

(1) A summons to a witness or a summons for production of documents or things under

Section 44 of the Act must be signed by the Administrator.

(2) A summons to a witness may be in Form 1 of

Schedule A and a summons to produce documents or things may be in Form 2 of

Schedule A. General format of hearings 13

(1) At the discretion of the Chair, a hearing may be non-judicial, informal and non-adversarial.

(2) A review panel is not required to follow the strict rules of law, procedure and evidence required by a court.

(3) A review panel may determine the order of presentations at a hearing.

(4) Any person may be represented by legal counsel at a hearing.

(5) Subject to these regulations, before, during and after a hearing, a member of a review panel must not communicate in private with anyone except another panel member, a technical advisor, the Administrator, legal counsel to the panel and staff of a government department about the substantive issues under consideration by the panel.

(6) A review panel may retain a technical advisor to assist the panel in a hearing and the Administrator must make any report of the technical advisor available to any person on request.

(7) A review panel may, through the Administrator, permit consultations between a technical advisor retained by the panel and participants in the hearing process. Questioning in general 14

(1) Each question at a hearing must be directed to the Chair, who may invite the appropriate person to respond to the question.

(2) The Chair may exclude any intervention or question that, in the opinion of the Chair, is outside of the terms of reference of the review panel or is needlessly repetitive in nature.

(3) The Chair may limit the questions asked and may limit persons in presenting arguments and submissions.

(4) A question addressed to a group of persons representing the proponent or an intervenor may be directed to a specific member of the group or, if available, the group in general. 92 © NS Registry of Regulations. Web version.

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(5) If a question is directed to a specific member of a group representing the proponent or an intervenor and that person is unable to answer because of a lack of knowledge or qualification, the Chair may permit another member of the group to provide the answer.

(6) If an intervenor or the proponent is unable to answer a question without further consultation or research, the intervenor or proponent must provide an undertaking to provide an answer on or before the close of the hearing or, if that is not possible, no later than 7 days after the close of the hearing and the Administrator must provide the response to the person who asked the question and to any other person on request. Oath or affirmation 15

(1) A person giving evidence at a hearing must give an oath or affirmation that the evidence will be the truth, and evidence may be otherwise received only at the discretion of the Chair.

(2) An oath or affirmation must be administered by the Administrator and, in the absence of the Administrator, by the Chair. Presentation by proponent 16

(1) At a hearing, the proponent must ensure that a person or group of persons who are knowledgeable of the undertaking are in attendance and are able to answer questions that are directed to the proponent.

(2) The Chair must grant a reasonable amount of time to the proponent to present their case to the review panel and to address issues raised in the environmental assessment report.

(3) Subject to the procedure for written questions prescribed in

Section 18, the Chair must permit questioning of the proponent by the review panel, intervenors and other persons. Presentations by intervenors at hearing 17

(1) An intervenor who is making a formal presentation at a hearing must make their presentation after the initial presentation by the proponent.

(2) An intervenor who is making an informal presentation at a hearing must follow those persons who make formal presentations.

(3) An intervenor who intends to make a presentation at a hearing must provide their name and address and details of any relevant affiliation to the review panel before making the presentation.

(4) A number of intervenors sitting as a group may give a joint presentation if the review panel is satisfied that in the particular case the tendering of evidence in this manner will result in a full and fair hearing.

(5) Any presentation by an intervenor at a hearing must not exceed 20 minutes in length.

(6) An intervenor who requires more than 20 minutes for a presentation at a hearing must make a request for extra time in writing to the Administrator to be forwarded to the Chair for consideration.

(7) The Chair may extend the duration of a presentation at a hearing.

(8) To prevent undue repetition, the Chair may limit the duration of a presentation at a hearing.

(9) Subject to the procedure for questioning prescribed in

Section 14, the Chair must permit questioning of an intervenor by the review panel, proponent and other persons. © NS Registry of Regulations. Web version. 93

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Part II - Regulations Vol. 37, No. 3 Written questions 18 If written questions are submitted to the Administrator to be answered by the proponent before a hearing begins, the proponent must make every reasonable attempt to provide written answers before the hearing begins. Final response by proponent 19 Before the close of a hearing, the proponent must be given the opportunity to make a final presentation to the review panel in response to matters raised at the hearing. Open forum 20

(1) After the completion of presentations and responses to questions by the proponent and formal and informal presentations and responses to questions by intervenors at a hearing, the Chair may permit presentations or questions from other persons in attendance at the hearing.

(2) Presentations and questions by other persons in attendance referred to in subsection (1), and responses to their questions, are part of the public record. Transcript of hearing 21

(1) The Administrator must maintain a transcript of all oral evidence presented at a hearing.

(2) The Administrator must make a copy of a transcript of a hearing available at the head office of the Department and at the regional office of the Department that is located nearest to the site of the proposed undertaking.

(3) Any corrections, errors or omissions in a transcript of a hearing must be reported to the Administrator no later than 14 days after the date the copy of the transcript becomes available.

(4) The Chair must make a final ruling on any dispute as to the contents of the transcript of a hearing, after which it becomes part of the public record. Written arguments or submissions 22

(1) No later than 14 days after the close of a hearing, or within another time period determined by the Chair, a person who participated at the hearing may present written arguments or written submissions through the Administrator to the review panel.

(2) Copies of any written arguments or written submissions presented under subsection (1) are part of the public record and the Administrator must make them available on request. Adjourning or extending hearing 23

(1) Subject to subsection (2), a review panel may (

a) adjourn a hearing; (

b) reopen a hearing; and (

c) grant any extension of time for a hearing that the Chair considers proper.

(2) A hearing must not be reopened after the review panel has submitted its report and recommendation to the Minister in accordance with

Section 26. Legal counsel 24 A review panel may arrange for legal counsel to attend and assist during a hearing to advise the review panel on any matter pertaining to the hearing and provide liaison with the parties and their counsel. 94 © NS Registry of Regulations. Web version.

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(1) Subject to the terms and conditions outlined in this

Section and any other terms and conditions stipulated by the Chair, a Chair may permit radio and television recordings of a hearing.

(2) A request for permission under subsection (1) must be made to the Administrator before the beginning of the part of the hearing sought to be recorded.

(3) Work tables must be provided to members of the media at a hearing.

(4) Before a hearing begins, camera shots may be taken of the review panel, the persons participating and the audience.

(5) After a hearing begins, photographic lights must be shut off and cameras left on fixed mounts.

(6) Photographic and audio equipment must be placed before a hearing begins in locations approved by the Chair and must not be moved while the hearing is in progress.

(7) Media personnel must not move about while the hearing is in progress so as to distract the review panel or the participants, or to disrupt the hearing.

(8) Only photographic and audio equipment that does not produce distracting sound or light may be used in the room where a hearing is being held.

(9) Media interviews may be conducted only at breaks in the hearing or outside the hearing room and only in a manner that will not interfere with the hearing.

(10) The Chair may disallow the videotaping or recording of all or a portion of a hearing if, in the opinion of the Chair, the taping or recording would inhibit specific witnesses or disrupt the hearing in any way. Review panel report 26

(1) A review panel must submit its report and recommendation under

Section 39 of the Act to the Minister no later than 110 days following the date an environmental-assessment report is referred to the review panel.

(2) The Minister may in writing extend the time period specified in subsection (1) and the Administrator must advise the proponent of the extension and the reason for the extension.

(3) A review panel must determine the style and format of its report to the Minister.

(4) A review panel report must be dated and bear the signature of the Chair and each other member of the hearing panel.

(5) A review panel report must contain the names of all witnesses or other persons, bodies or organizations who have contributed to the hearing and a bibliography of all documents and written materials submitted during the hearing process.

(6) After the decision of the Minister under

Section 40 of the Act following receipt of a review panel’s report and recommendation, copies of the report of the review panel must be made available to the public on request and at a reasonable cost. © NS Registry of Regulations. Web version. 95

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Part II - Regulations Vol. 37, No. 3 Public record 27

(1) The Department must keep a copy of each document that forms part of the public record respecting a hearing on file at its head office.

(2) Copies of the public record, or parts of the public record, must be available to the public and a fee may be charged to cover reasonable costs in connection with production or copying.

(3) Notes made personally by any member of a review panel in a hearing or in related preparation or deliberations are not part of the record of the matter for the purpose of subsection (1). Irregularity does not invalidate proceedings 28 No proceedings before a review panel are invalid by reason of any defect in form or any technical irregularity.

Schedule A Form 1: Summons IN THE MATTER OF A HEARING before a review panel appointed under

Section 42 of the Environment Act SUMMONS To: Address: You are required to attend before the review panel at _________________________, in the County of _____________________, on ___________________ (month and day), 20___, at _____________ (time—specify a.m./p.m.), and so on from day to day until the matter is heard, to give evidence pertaining to: (describe nature or subject of hearing as set out in Notice of Hearing) Dated at _________________________, in the County of _____________________, Province of Nova Scotia, on _____________ (month and day), 20___. Signed __________________________ Administrator Environmental Assessment Review Pane

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 8/2013
Date	2013-01-01
Type	gazette
Volume / chapter	just regulations rg2 2013 fe0813
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	356fc9e7ef0067116b4521c7d5023970325a0b69

Source file is stored in the law ingest library (pdf).