This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Activities Designation Regulations

made under

Section 66 of the

Environment Act

S.N.S. 1994-95, c. 1

O.I.C. 95-286 (effective April 11, 1995), N.S. Reg. 47/1995

amended to O.I.C. 2026-28 (effective January 26, 2026), N.S. Reg. 28/2026

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Designation of activities

Type of approval

References to approvals in other enactments

Transition

Division I - Water

Definitions for Division I

Activities requiring approvals

Activities requiring notifications

Qualifications required for certain alterations

Exemptions

Conflict with protected water area regulations

Certificates of qualification

Division II - Pesticide

Division III - Municipal Waste

Part 1: Sewage/Storm Drainage/Septage

Part 2: Solid Waste

Part 3: Water Works

Division IV - Dangerous Goods/Waste Dangerous Goods/Salvage Yard

Division V - Industrial

Part 1: Chemical

Part 2: Construction

Part 3: Food or Fish and Animal By-products

Part 4: Metals

Part 5: Minerals

Part 6: Hydrocarbon and Alternative Fuels

Part 7: Wood Products

Part 8: Primary Manufacturing

Part 9: Power Plants

Part 10: Services

Part 11: Biotechnology

Part 12: Miscellaneous

Division VI - Security and Insurance

Citation

1 These regulations may be cited as the Activities Designation Regulations .

Definitions

(1) In these regulations

“Act” means the Environment Act;

“Administrator” means a person who has been appointed by the Minister to be

responsible for processing applications respecting activities designated under these

regulations, and includes an acting Administrator;

“ Approval and Notification Procedure Regulations ” means the Approval and

Notification Procedure Regulations made under the Act;

“Department” means the Department of Environment;

“extension” means an increase in size, volume or other physical dimensions of an

activity such that the increase may cause an adverse effect if not properly

mitigated;

“Minister” means the Minister of the Environment;

“modification” means a change to an activity that may cause an adverse effect if

not properly mitigated and includes, but is not limited to, the expansion of the

same process, addition of product lines and replacement of equipment with

different technology other than that presently in use;

“ On-site Sewage Disposal Systems Regulations ” means the On-site Sewage

Disposal Systems Regulations made under the Act;

“professional engineer” means a person who holds a valid and subsisting certificate

of registration or licence to practise under the Engineering Profession Act .

(2) Where a term defined in the Act is used in these regulations, it has the defined

meaning for the purpose of these regulations except where these regulations further

define or clarify the meaning.

Designation of activities

(1) Anything designated as an activity in these regulations requires an approval from

the Minister or an Administrator designated by the Minister unless it is specified as

an activity that requires notification.

(2) Any modification or extension of an activity designated in these regulations

requires an approval from the Minister or an Administrator designated by the

Minister unless

(

a) it is exempted; or

(

b) the modified or extended activity continues to meet the criteria for providing

notification, in which case a further notification must be provided.

(3) An activity that is designated in these regulations and is carried out on lands owned

or occupied by Her Majesty the Queen in right of Canada, or an agency, board or

commission of Her Majesty the Queen in right of Canada, or the modification or

extension of such an activity, does not require an approval or notification unless

the activity causes or may cause an adverse effect beyond the boundaries of those

lands.

Type of approval

4 In accordance with subsection 3(2) of the Approval and Notification Procedure

Regulations , anything designated in these regulations as an activity that requires an

approval requires a Type A approval, except for activities designated as requiring a Type

B approval or notification.

References to approvals in other enactments

4A Any reference to an approval in any Act other than the Environment Act or in any other

regulation must be interpreted as a reference to an approval or a notification, as the case

may be.

Transition

4B Despite any provision of these regulations that requires a person to provide notification,

any approval issued and in good standing on the effective date of these regulations

continues in force until its expiry date, unless earlier terminated in accordance with its

terms.

Division I - Water

Definitions for Division I

5 For the purpose of Division I,

“bank” means that portion of a watercourse between the ordinary high water mark

and the boundary of the watercourse in its fullest natural state, but does not include

any area of overflow onto a flood plain;

“bed” means that portion of a watercourse that is commonly submerged in water;

“equipment” means power tools, including chainsaws, generators and

jackhammers, but not including vehicles as defined in the Motor Vehicle Act ;

“ordinary high water mark” means the limit or edge of the bed of a body of water

where the land has been covered by water so long as to wrest it from vegetation or

as to mark a distinct character on the vegetation where it extends into the water or

on the soil itself;

“Watercourse Alteration Installer” means a person who holds a valid certificate of

qualification to install or construct watercourse alterations issued under

Section 64

of the Act and in accordance with

Section 5F;

“Watercourse Alteration Sizer” means a person who holds a valid certificate of

qualification to choose the size of watercourse crossings issued under

Section 64 of

the Act and in accordance with

Section 5F.

Activities requiring approvals

5A

(1) Using or altering a watercourse or water resource, or the flow of water in a

watercourse or water resource, for any of the following purposes is designated as

an activity that requires an approval, unless it requires a notification under

Section

5B or is exempt under

Section 5D:

(

a) withdrawing or diverting water in a volume greater than 23 000 L per day

from a source of surface water or ground water;

(

b) storing water in a volume of 25 000 m 3 or greater;

(

c) constructing, modifying or maintaining a dam.

(2) Altering any of the following, or the flow of water in any of the following, is

designated as an activity that requires an approval, unless it requires a notification

under

Section 5B or is exempt under

Section 5D:

(

a) a watercourse;

(

b) a water resource;

(

c) a wetland.

Activities requiring notifications

5B

(1) Each of the following watercourse alterations is designated as an activity requiring

notification, unless it is exempt under

Section 5D:

(

a) work to improve fish habitat, including using half logs, rock groupings, root

wads, digger logs, rock sills, low head barriers and weirs, but not including

work otherwise included under clauses (

b) or (c), if all of the following

conditions are met:

(

i) the watercourse is altered for 15 m or less along the length of the

watercourse,

(ii) the work is done only by hand or equipment,

(iii) the work begins on or after June 1 and ends on or before September

30;

(

b) constructing or modifying a single culvert or other single closed-bottom

structure for the purpose of a road, railbed, trail or footpath crossing, if all of

the following conditions are met:

(

i) the length of the culvert or structure is 25 m or less,

(ii) the watercourse slope is less than 8.0%,

(iii) the watershed of the watercourse crossing is 20 km 2 or less in area,

(iv) the work begins on or after June 1 and ends on or before September

30;

(

c) constructing or modifying a bridge or other open-bottom structure for the

purpose of a road, railbed, trail or footpath crossing, if all of the following

conditions are met:

(

i) the bed of the watercourse is not altered,

(ii) the bank of the watercourse is altered,

(iii) the length of the span is 15 m or less for a bridge, or 3600 mm or less

for a structural plate arch or other open-bottom structure,

(iv) the length of any structural plate arch installed is 25 m or less,

(

v) work that alters the bank of the watercourse begins on or after June 1

and ends on or before September 30;

(

d) a bank alteration not included under clause (a), (

b) or (c), if all of the

following conditions are met:

(

i) the width of the portion of the bank that is altered is 5 m or less,

(ii) the bed of the watercourse is not altered,

(iii) the work begins on or after June 1 and ends on or before September

30;

(

e) maintaining alterations or structures associated with activities designated in

subsection 5A(2) and clauses (

a) to (d), if all of the following conditions are

met:

(

i) the work is restricted to preserving the alteration or structure in a

state as close as possible to the state it was in when it was installed,

(ii) the work is done below the ordinary high water mark,

(iii) the work begins on or after June 1 and ends on or before September

(2) A person who is carrying on an activity designated in this

Section as requiring a

notification must do so in compliance with the latest edition of the Nova Scotia

Watercourse Alterations Standard published by the Department.

Qualifications required for certain alterations

5C

(1) A structure described in clause 5B(1)(

b) that is to be installed in a watercourse

with a slope less than or equal to 0.5% must be sized by a Watercourse Alteration

Sizer or a professional engineer before it is installed.

(2) A structure described in clause 5B(1)(

b) that is to be installed in a watercourse

with a slope greater than 0.5% but less than 8.0% must be designed by a

professional engineer before it is installed.

(3) A structure described in clause 5B(1)(

c) must be sized by a Watercourse Alteration

Sizer or a professional engineer before it is installed.

(4) Effective on and after October 1, 2016, each activity designated in clause 5A(2)(

a) and

Section 5B must be carried out by a Watercourse Alteration Installer or under

the direct supervision of a Watercourse Alteration Installer.

(5) Despite subsections (1), (3) and (4), until September 30, 2019, a person who is

certified by the Minister as having, before October 1, 2014, successfully completed

the Maritime College of Forest Technology Watercourse Alteration Certification

for Nova Scotia program may do anything otherwise required to be done by a

Watercourse Alteration Installer or Watercourse Alteration Sizer.

Exemptions

5D A person is exempt from the requirement to obtain an approval or provide notification in

respect of any of the following activities:

(

a) non-recurring use of water from the same watercourse for a total period of

less than 2 weeks in the same year;

(

b) using seawater;

(

c) using brackish water from an intertidal zone of a river estuary;

(

d) maintaining of lands and structures by marsh bodies incorporated under the

Agricultural Marshland Conservation Act ;

(

e) maintaining alterations or structures associated with activities designated in

subsections 5A(1) and (2) and clauses 5B(1)(

a) to (d), if the work is done

above the ordinary high water mark.

Conflict with protected water area regulations

5E If any provision of this Division conflicts with regulations respecting any protected water

area designated under

Section 106 of the Act, the more onerous provision applies.

Certificates of qualification

5F

(1) To be issued a certificate of qualification as a Watercourse Alteration Installer or a

Watercourse Alteration Sizer, a person must do all of the following:

(

a) successfully complete a relevant course of instruction established or adopted

by the Minister;

(

b) apply for the certificate of qualification on a form specified by the Minister;

(

c) pay any required fee.

(2) A certificate of qualification as a Watercourse Alteration Installer or a Watercourse

Alteration Sizer expires 10 years from the date it is issued, unless cancelled or

suspended earlier.

(3) The Minister may reinstate a certificate of qualification that has been suspended on

Division II - Pesticide

(1) For the purpose of Division II,

“forested land” includes, but is not limited to, land used for the production of pulp,

sawlogs, lumber or firewood, but does not include land used to grow Christmas

trees;

“soil sterilization” means use of a non-selective herbicide which provides residual

control of plants for a period of time exceeding 6 months;

“spot treatment” means the application of a pesticide to an area which does not

exceed 100 m 2 .

(2) The application of a pesticide in any one or more of the following circumstances:

(

a) on forested land;

(

b) on a utility corridor or utility right-of-way, excluding spot treatment and the

direct application of wood preservatives to utility poles;

(

c) on a road, street, or highway, excluding spot treatment;

(

d) on an industrial or commercial site for soil sterilization;

(

e) in, on or over a surface watercourse; or

(

f) from any aircraft in flight,

is designated as an activity.

Division III - Municipal Waste

Part 1: Sewage/Storm Drainage/Septage

(1) For the purpose of this Section,

“septage” means any liquid or solid materials pumped from a septic tank or

cesspool;

“sewage” includes domestic, commercial, institutional and industrial wastes,

consisting primarily of biodegradable organic material of human, plant or animal

origin.

(2) The construction, operation or reclamation of

(

a) a sewage works, including

(

i) sewage collection systems and pumping stations,

(ii) [repealed]

(iii) treatment facilities; or

(

b) a storm drainage works, including

(

i) storm collection systems and pumping stations,

(ii) retention or storage facilities,

(iii) treatment facilities,

(iv) outfalls; or

(

c) a septage works, including

(

i) treatment and disposal facilities,

is designated as an activity.

(3) An activity designated under subclause (2)(a)(iii) does not require an approval if

the sewage generated by the activity is discharged to a municipal wastewater

treatment facility approved by the Minister or an Administrator.

7A

(1) Definitions in the On-site Sewage Disposal Systems Regulations apply to this

Section.

(2) Each of the following is designated as an activity:

(

a) the installation of a system;

(

b) the replacement of a system;

(

c) the alteration of a system.

(3) Unless it is exempt under subsection (5) or (6), an activity specified in subsection

(2) is designated as requiring notification, except that any activity that cannot be

done in compliance with the On-site Sewage Disposal Systems Regulations and the

Standard requires an approval.

(4) A notification or application for approval for a system must be submitted by a

qualified person or a professional engineer.

(5) The construction of a pit privy is exempt from the requirement to provide

notification or obtain an approval, but must be done in accordance with the

Standard.

(6) The following activities are exempt from the requirement to provide notification or

obtain an approval:

(

a) replacement of a septic tank, pump or siphon chamber in the same location

as the existing one, or in accordance with the Standard;

(

b) diversion of sewage away from a water resource or a structure as a

temporary measure;

(

c) repair of any of the following:

(

i) a pipe that connects a building to the rest of a disposal system,

(ii) a non-perforated pipe used in a system to transfer effluent from a

septic tank, pump or siphon chamber to a disposal field;

(

d) replacement of imported sand fill or final cover material in an eroded

system.

Part 2: Solid Waste

(1) For the purpose of

Part 2 of Division III,

“construction and demolition debris” means waste generated from materials that

are normally used in the construction of buildings, structures, roadways or walls or

in landscaping, including wallboard, drywall, plaster, cellulose, fiberglass fibres,

lumber, wood, asphalt shingles and metals, but not including inert debris;

“inert debris” means any of the following:

(

i) rock or aggregate, but not including rock to which

Section 13 and the

Sulphide Bearing Material Disposal Regulations apply,

(ii) soil,

(iii) trees, brush, limbs, stumps, root balls or organic mat,

(iv) any of the following materials, if free of adhesives, coatings or

preservatives:

(

A) bricks,

(

B) mortar,

(

C) concrete,

(

D) asphalt pavement,

(

E) porcelain or ceramic materials,

(

F) milled wood;

“municipal solid waste” has the same meaning as in the Solid Waste-Resource

Management Regulations made under the Act;

“solid waste management facility” includes all of the following:

(

i) a resource recovery facility that processes municipal solid waste or

construction and demolition debris into fuel or energy,

(ii) a composting facility that processes more than 60 m 3 of compostable

organic material per year,

(iii) a facility for transferring, storing, mixing, processing, treating or

disposing of municipal solid waste,

(iv) a facility for transferring, storing, processing or disposing of

construction and demolition debris;

“ Sulphide Bearing Material Disposal Regulations ” means the Sulphide Bearing

Material Disposal Regulations made under the Act.

(2) The construction, operation or reclamation of a solid waste management facility is

designated as an activity.

(3) Rock, including construction and demolition debris, that contains sulphide-bearing

material is subject to

Section 13 and the Sulphide Bearing Material Disposal

Regulations made under the Act .

Part 3: Water Works

9 The construction, operation or reclamation of municipal water works including

(

a) water supply facilities or works;

(

b) water treatment facilities or works; and

(

c) water distribution facilities or works, except extensions or modifications to

existing water distribution facilities or works.

is designated as an activity.

Division IV - Dangerous Goods/Waste Dangerous Goods/Salvage Yard

9A

(1) For the purpose of Division IV, a term defined in the Dangerous Goods

Management Regulations made under the Act has the same meaning when used in

this Division.

(2) For the purpose of Division IV,

“dangerous goods facility” means the land or premises on, in or under which

dangerous goods are packaged, processed, re-processed or stored;

“Schedule A” means

Schedule A to the Dangerous Goods Management

Regulations made under the Act;

“waste dangerous goods facility” means the land or premises on, in or under which

waste dangerous goods are treated, processed, packaged, re-processed, recycled,

disposed of or stored.

(1) The construction, operation or reclamation of

(

a) a dangerous goods facility, if the facility processes, packages, re-processes

or stores dangerous goods listed in Column I of

Schedule A in quantities

that exceed the quantities listed in Column II of

Schedule A for those goods;

(aa) a waste dangerous goods facility, if the facility treats, processes, packages,

re-processes, recycles, disposes of or stores dangerous goods listed in

Column I of

Schedule A that have become waste dangerous goods in

quantities that exceed the quantities listed in Column II of

Schedule A for

those goods;

(

b) a permanent facility for the handling of dangerous goods or waste dangerous

goods generated in a residence;

(

c) a facility for the handling of soils containing a chemical or petroleum

product which is located in a place other than where the soil originated or

became contaminated;

(

d) a facility for the disposal of oily debris resulting from releases of a

petroleum product;

(

e) a commercial salvage facility which exceeds 0.25 ha in area which is used

to salvage automobiles, transportation vehicles, or industrial equipment;

(

f) a site with a chemical storage tank system the capacity of which exceeds

2000 L of chemicals in liquid form or 2000 kg of chemicals in solid form,

whichever is applicable;

(

g) a petroleum storage tank system consisting of one or more petroleum tanks

and associated piping; or

(

h) a facility for the storage or disposal of asbestos waste,

is designated as an activity.

(2) Despite

Section 3 and subsection (1), the following facilities are exempt from

requiring an approval for construction, operation or reclamation:

(

a) a propane bulk facility regulated by the Fire Marshal;

(

b) an explosives storage facility regulated under the Explosives Act (Canada);

(

c) a PCB waste storage facility regulated under the PCB Regulations made

under the Canadian Environmental Protection Act, 1999 (Canada);

(

d) a retail outlet at which dangerous goods are stored and packaged as

consumer products in small quantities normally used by the public.

Division V - Industrial

11 An activity designated in Division V does not require an approval if it generates only a

liquid effluent which is discharged to a municipal wastewater treatment facility approved

by the Minister or an Administrator.

Part 1: Chemical

12 The construction, operation or reclamation of

(

a) a chemical manufacturing plant in which organic or inorganic chemicals are

manufactured, including hydrogen and ammonia;

(

b) a fertilizer manufacturing plant in which a substance or a mixture of

substances is manufactured that contains one or more components of

nitrogen, phosphorus, potassium, or other plant food that is marketed or

represented for use as a plant nutrient;

(

c) a fertilizer storage facility that has the capacity to store fertilizer in quantities

(i) 250 t or more of anhydrous ammonia, or

(ii) 500 t or more of granular or prilled ammonia phosphate or

ammonium nitrate or urea fertilizer products;

(

d) an explosives manufacturing plant in which dynamite, nitroglycerin,

ammonium nitrate, cyclotrimethylene trinitramine (RDX),

cyclotetramethylene tetranitramine (HMX) or trinitrotoluene (TNT) is

manufactured, excluding blending or mixing facilities located on-site where

explosives are being used or a fertilizer manufacturing plant;

(

e) a pesticide manufacturing plant in which a pesticide is manufactured or

processed;

(

f) a petrochemical manufacturing plant in which organic chemical substances

produced from natural organic or petroleum-based materials are produced,

processed or handled, excluding an oil refinery, a re-refinery or a natural gas

processing facility;

(

g) a coke or carbon manufacturing plant in which coke or carbon products are

produced or processed;

(

h) a brine processing plant in which brine products, including common table

salt are produced or processed;

(

i) a pharmaceutical manufacturing plant in which a medical drug for sale or

distribution is processed, excluding a facility that engages solely in research;

(

j) a paint manufacturing plant in which paints, lacquers, primers or enamels

are produced or processed; or

(

k) an industrial cleaners manufacturing facility in which materials, including,

but not limited to, degreasers, strippers or bleaches are produced,

is designated as an activity.

Part 2: Construction

13 The construction, operation or reclamation of

(

a) a building products manufacturing plant in which asphalt shingles, gypsum

wall-board, hardboard, bricks or tiles are manufactured;

(

b) a cement plant in which Portland cement is manufactured;

(

c) an asphalt paving plant in which asphalt is manufactured through the

mixing of aggregate and asphalt oil or recycled asphalt material;

(

d) a stationary ready-mix concrete plant that manufactures ready-mixed

concrete;

(

e) a pit that is larger than 2 ha where a ground disturbance or excavation is

made for the purpose of removing aggregate without the use of explosives;

(

f) a quarry where a ground disturbance or excavation is made for the purpose

of removing aggregate with the use of explosives; or

(g) [repealed]

(

h) a sulphide bearing material disposal operation,

is designated as an activity.

Part 3: Food or Fish and Animal By-products

(1) For the purpose of

Part 3 of Division V,

“fish” means finfish, shellfish, or marine mammals;

“hide” means the outer covering of the body of an animal including any pieces of

flesh and the hair;

“renders” means cooks or melts down animal parts to produce meal or other

saleable by-products.

(2) The construction, operation or reclamation of

(

a) a rendering plant in which meat or animal or poultry products is rendered,

with or without oil refining;

(b) [repealed]

(c) [repealed]

(d) [repealed]

(

e) a tannery in which animal hides or skins are received and processed into

leather or leather products;

(f) [repealed]

(g) [repealed]

(h) [repealed]

(i) [repealed]

(ia) [repealed]

(j) [repealed]

(

k) a fish silage operation in which ground up fish waste is digested,

(l) [repealed]

(m) [repealed]

is designated as an activity.

Part 4: Metals

15 The construction, operation or reclamation of

(

a) an electroplating plant in which metal electroplating, anodizing, or

galvanizing processes are carried out;

(

b) a foundry in which metal products are produced through thermal melting

and casting or moulding of metals, including reclaimed metals;

(

c) a smelter in which a furnace is used to obtain metals from metal

concentrates;

(

d) an iron and steel mill in which iron and steel are manufactured through the

use of heating or thermal melting, other than welding, excluding a facility

that fabricates secondary products from iron and steel;

(

e) a pewter ware manufacturing facility in which various articles are processed

from pewter and wastewater containing metals including tellurium, tin, lead,

copper and antimony is discharged;

(

f) a battery manufacturing plant in which batteries are produced including, but

not limited to, lead-acid, alkaline, and nickel-cadmium batteries; or

(

g) a rolling stock manufacturing plant in which rolling stock is produced,

including, but not limited to, railcars, railcar wheels and axles, buses, trucks

and automobiles,

is designated as an activity.

Part 5: Minerals

(1) For the purpose of

Part 5 of Division V,

“infrastructure” means any works, buildings, structures, facilities, equipment,

apparatus, mechanism, instrument or machinery belonging to or used in connection

with a surface mine, underground mine or peat moss harvesting operation;

“mineral” means a natural solid inorganic or fossilized organic substance including

any substance prescribed under the Mineral Resources Act to be a mineral as well

as gypsum and non-Crown limestone, but does not include ordinary stone, building

stone, construction stone, sand, gravel, peat, peat moss, ordinary soil, oil or natural

gas.

(2) The construction, operation or reclamation of

(

a) a lime plant in which lime is manufactured by the calcining of limestone or

produces other calcium carbonate derivatives as a saleable product;

(

b) a coal processing plant in which coal is processed including a wash plant, a

recovery plant or a benefication plant;

(

c) a mineral processing plant in which concentrates are produced from mineral

bearing ore including lead, zinc, tin and copper;

(

d) a surface mine where an opening or excavation is made in the ground from

the surface which may require the use of explosives for the purpose of

procuring any mineral bearing ore, including coal, and any associated

infrastructure;

(

e) an underground mine where an opening or excavation is made in the ground

below surface which may require the use of explosives for the purpose of

procuring any mineral bearing ore, including coal, and any associated

infrastructure;

(

f) a peat moss harvesting operation where an opening or excavation is made in

the ground for the purpose of procuring peat, including any associated

infrastructure;

(

g) an in-situ leach mining operation where wells are drilled in mineral bearing

ore and the subsequent addition and removal of chemicals is used to extract

the mineral;

(

h) a bulk sample site where more than 100 t of mineral bearing ore is removed

for the purposes of proving mineral quality or where less than 100 t of

mineral bearing ore is removed where total disturbed tonnage exceeds 10

000 t; or

(

i) a bulk solids handling loadout facility in which solids such as coal, gypsum,

limestone or mineral concentrates are stored and subsequently loaded,

is designated as an activity.

Part 6: Hydrocarbon and Alternative Fuels

(1) For the purpose of

Part 6 of Division V,

“alternative fuel” means a liquid that meets all of the following conditions:

(

i) it is capable of being pumped,

(ii) it is derived from recyclables or natural organic matter,

(iii) it has a net heat value equal to or greater than 12 780 kJ/kg;

“alternative fuel facility” means a facility that recovers, manufactures or processes

alternative fuel, but does not include any of the following:

(

i) an oil refinery,

(ii) an energy-generating facility,

(iii) a fertilizer manufacturing plant,

(iv) a petrochemical manufacturing plant,

(

v) a distillery,

(vi) a chemical manufacturing plant;

“carbon sequestration” means the depositing underground, with or without

modification, of waste carbon dioxide, or other waste gas containing carbon, that

originates from a point source emission, so that it will no longer enter the

atmosphere;

“fuel” includes, but is not limited to, methanol, ethanol, biodiesel, diesel, dimethyl

ether, but does not include split or whole firewood or wood pellets;

“liquified natural gas” means a fluid in a liquid state that is composed

predominately of methane and that may contain quantities of ethane, propane,

nitrogen or other components found in natural gas;

“liquified natural gas plant” means a plant used to store liquified natural gas and

includes a plant that conditions, liquefies, transfers or vaporizes liquified natural

gas;

“methane” means in addition to its normal scientific meaning, a gaseous mixture

composed mainly of methane and which may contain ethane, nitrogen, helium or

carbon dioxide;

“raw gas” means a mixture that contains methane and may also contain other

paraffinic hydrocarbons, that may or may not contain various sulphur compounds

and that is gaseous at the conditions under which its volume is measured;

“syngas” or “synthetic gas” means a mixture that meets all of the following

conditions:

(

i) it contains carbon monoxide and hydrogen, and may also contain

methane, other hydrocarbons, nitrogen, carbon dioxide, hydrogen

sulphide, helium and minor impurities,

(ii) it is produced from hydrogen combined with air-derived products,

non-gaseous fuel or biomass,

(iii) it is gaseous or liquid at the conditions under which its volume is

measured or estimated;

“syngas facility” means a facility that recovers, manufactures or processes synthetic

gas, but does not include any of the following:

(

i) an oil refinery,

(ii) an energy-generating facility,

(iii) a fertilizer manufacturing plant,

(iv) a petrochemical manufacturing plant,

(

v) a distillery,

(vi) a chemical manufacturing plant,

(vii) a plant that processes waste or recyclables;

“synthetic crude oil” means a mixture consisting mainly of pentanes and heavier

hydrocarbons but also sulphur compounds, that is derived from crude bitumen and

that is liquid at the conditions under which its volume is measured;

“thermal treatment process” means the application of heat to a tank, vessel or

reactor containing a feedstock in an oxygen-reduced or oxygen-free atmosphere to

break down the feedstock into smaller or less complex chemical substances and

includes, but is not limited to, gasification and pyrolysis, but does not include

incineration or vitrification;

“used oil” means petroleum derived or synthetic lubrication oils, hydraulic fluids,

metal working fluids and insulating fluids which through use are no longer suitable

for their intended purpose but are suitable for re-refining or other uses that are

considered acceptable to the Department.

(2) The construction, operation or reclamation of

(

a) an oil refinery used for manufacturing hydrocarbon products from

condensate, crude oil, synthetic crude oil, wood products or other

hydrocarbon feedstock;

(

b) a re-refinery capable of utilizing used oil for the production of useable

hydrocarbon products;

(

c) a natural gas processing plant in which raw gas is processed into saleable

hydrocarbon products and which may remove sulphur compounds;

(

d) a bulk petroleum storage facility consisting of one or more petroleum tanks

and associated piping;

(

e) a brine storage pond that is used for the storage of water that is saturated

with a salt;

(

f) a compressor and pumping station for the movement of a hydrocarbon fluid

by means of compression or pumping;

(

g) a facility that produces greater than 1000 m 3 , 1000 L or 1000 kg per day of

gaseous or liquid fuel or chemicals by using a thermal treatment process;

(

h) a used oil collection facility capable of pickup and storage capacity in

excess of 1000 L of used oil including the necessary trucks or storage

facilities;

(

i) a facility to sell or store motive fuel or fuel oil by a wholesaler, retailer or

wholesale-retailer;

(

j) a petroleum or natural gas exploration or recovery operation where it is

necessary to inject water, brine or chemical agents in order to produce or

enhance the recovery of petroleum or natural gas;

(

k) a petroleum or natural gas operation utilizing deep well injection for

disposal of liquid production wastes;

(

l) a liquified natural gas plant;

(

m) an exploratory drill, development, or operation that is related to carbon

sequestration;

(

n) an alternative fuel facility or syngas facility,

is designated as an activity.

Part 7: Wood Products

(1) For the purpose of

Part 7 of Division V,

“paper product” means paper, newsprint, coated paper, paperboard, hardboard,

boxboard, linerboard, insulating board, building board, corrugating medium,

tissue, moulded cellulose products and any other product directly derived from

pulp, but does not include viscose, rayon, cellophane or any other cellulose

derivative;

“pulp” means processed cellulose fibres that are derived from wood, other plant

material or recycled paper products.

(2) The construction, operation or reclamation of

(

a) a pulp manufacturing plant in which pulp products are manufactured;

(

b) a pulp and paper manufacturing plant in which pulp and paper products are

manufactured; or

(

c) a wood treatment plant in which wood or wood products are preserved and

protected through the use of wood treatment chemicals,

is designated as an activity.

Part 8: Primary Manufacturing

19 The construction, operation or reclamation of

(

a) a textile manufacturing plant in which textiles are manufactured and

treatments or processes including bleaching, dying, knitting, mercerizing,

spinning and weaving are carried out;

(

b) a tire manufacturing plant in which tires are manufactured, but not

re-treaded;

(

c) a wallpaper manufacturing plant in which wallpaper is manufactured; or

(

d) a lead crystal manufacturing facility,

is designated as an activity.

Part 9: Power Plants

20 The construction, operation or reclamation of a power plant in which hot water, steam or

thermal electric power is produced and which has a total rated thermal input capacity of

greater than or equal to 25 megawatts, is designated as an activity.

Part 10: Services

(1) For the purpose of

Part 10 of Division V,

“sludge” means the accumulated wet or dry solids that are separated from

wastewater during treatment including the precipitate resulting from chemical or

biological treatment of wastewater;

“wastewater” means the liquid portion of waste from an industry.

(2) The treatment or processing of wastewater and wastewater sludges is designated as

an activity.

Part 11: Biotechnology

22 The construction, operation or reclamation of a biotechnology products manufacturing

plant in which products are produced using the application of science and engineering in

the direct or indirect use of living organisms or parts or products of living organisms in

their natural or modified form, other than a facility that engages solely in research, is

designated as an activity.

Part 12: Miscellaneous

23 The application to land of non-livestock generated wastes, wastewater and wastewater

sludges is designated as an activity.

24 The construction, operation or reclamation of an industrial incinerator is designated as an

activity.

25 The construction, operation or reclamation of an industrial landfill designed to dispose of

non-leachate toxic solid waste generated by industrial activity, other than a landfill used

for disposal of municipal solid waste or solely inert demolition debris, is designated as

an activity.

26 The construction, operation or reclamation of an industrial composting facility is

designated as an activity.

27 The construction, operation or reclamation of a crematorium is designated as an activity.

28 [repealed]

29 Reclaiming, remediating, managing, monitoring or disposing of contaminated material

generated from an industrial steel or coke production facility is designated as an activity.

Division VI - Security and Insurance

29 [repealed]

(1) For the purpose of subsection 65A(1) of the Act, except as provided in subsections

(3) and (4), all of the following activities require security to be provided in the

manner specified by the Approval and Notification Procedure Regulations :

(

a) constructing, operating or reclaiming a solid waste management facility for

disposing of construction and demolition debris as described in subclause

8(1)(d)(iv) and designated in subsection 8(2);

(

b) activities designated in clauses 10(1)(a), (aa) and (c), except constructing,

operating or reclaiming a facility for handling batteries or refrigerants;

(

c) activities designated in clause 12(f);

(

d) activities designated in clauses 13(e), (f), (

g) and (h);

(

e) activities designated in clauses 16(2)(d), (

e) and (g), unless, at the time the

approval for the activity is issued, the Department of Natural Resources

holds current security in respect of the mining operation that is the subject

of the activity.

(2) For the purpose of subsection 65A(1) of the Act, except as provided in subsections

(3) and (4), all of the following activities require insurance in an amount and

subject to any terms that the Minister determines:

(

a) constructing, operating or reclaiming a solid waste management facility for

disposing of construction and demolition debris as described in subclause

8(1)(d)(iv) and designated in subsection 8(2);

(

b) activities designated in clause 10(1)(c);

(

c) activities designated in subsection 17(2), except clauses (d), (

h) and (i);

(

d) activities designated in clauses 18(2)(

a) and (b).

(3) A person who, on October 1, 2014, holds a valid approval for an activity referred

to in subsection (1) or (2) is exempt from the requirement to provide security or

insurance in respect of that activity unless the person applies for a renewal or

transfer of, or an amendment to, the approval.

(4) Municipalities, villages, service commissions and municipal bodies, as they are

defined in the Municipal Government Act , are exempt from the requirement to

provide security or insurance in respect of an activity.

Legislative History

Reference Tables

Activities Designation Regulations

N.S. Reg.

47/1995

Environment Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Activities Designation Regulations made

under the Environment Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

47/1995

Apr 11, 1995

date specified

May 5, 1995

128/2005

Jun 17, 2005

date specified

Jul 8, 2005

352/2007

Jul 20, 2007

date specified

Aug 3, 2007

122/2014

Aug 12, 2014

date specified

Aug 22, 2014

123/2014

Oct 1, 2014

date specified

Aug 22, 2014

124/2014

Aug 12, 2014

date specified

Aug 22, 2014

58/2016

Mar 29, 2016

date specified

Apr 15, 2016

318/2015

May 1, 2016

date specified

Sep 18, 2015

120/2016

Jun 14, 2016

date specified

Jun 24, 2016

222/2018

Dec 10, 2018

date specified

Dec 21, 2018

60/2019

Apr 16, 2019

date specified

Apr 26, 2019

92/2022

May 10, 2022

date specified

May 20, 2022

93/2022

May 10, 2023

date specified

May 20, 2022

124/2022

Jul 5, 2023

date specified

Jul 15, 2022

329/2022

Dec 19, 2022

date specified

Dec 30, 2022

94/2025

May 7, 2025

date specified

May 30, 2025

28/2026

Jan 26, 2026

date specified

Feb 6, 2026

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

2(1) ...................................................

am.

122/2014 (clause lettering removed)

2(1), defn . of “Approval and Notification Procedure

Regulations” ..............

ad. 122/2014

2(1), defn . of

“ On-site Sewage Disposal Systems Regulations ” .................

ad. 318/2015

2(1), defn . of “professional engineer” .....................................................

ad. 122/2014

3 ........................................................

rs . 122/2014

4 ........................................................

rep. 122/2014

4 ........................................................

ad. 122/2014

4A-4B ...............................................

ad. 122/2014

5 ........................................................

rs . 123/2014; am. 94/2025

(clause lettering removed)

5(1)(n) .........................................

am. 352/2007

5( 1)( na ) ........................................

ad. 352/2007

5A-5F ...............................................

ad. 123/2014

6(1) ...................................................

am.

94/2025 (clause lettering removed)

6(3) ...................................................

rep. 120/2016

7(1) ...................................................

am. 318/2015, 94/2025 (clause lettering removed)

7(1)(b), defn . of “sewage” ..........

am. 92/2022

7(2)(a)(ii) ..........................................

rep. 28/2026

7(2)(a)(iii) .........................................

am. 28/2026

7(2)(a)(iv) .........................................

rep. 28/2026

7(3) ...................................................

ad. 92/2022

7A .....................................................

ad. 318/2015

8(1) ...................................................

rs . 122/2014; am. 94/2025

(clause lettering removed)

8(1)(d), defn . of “solid

waste management facility”, (iv) .......

am. 124/2022

8(2) ...................................................

am. 122/2014

8(3) ...................................................

ad. 122/2014

9(b) ...................................................

am. 120/2016

9(c) ...................................................

rs . 120/2016

9A .....................................................

ad. 58/2016

9 A( 2) ...........................................

am.

94/2025 (clause lettering removed)

10(1)(a) .............................................

rs . 58/2016

10( 1)( aa) ...........................................

ad. 58/2016

10(2) .................................................

rs . 58/2016

11 ......................................................

am. 92/2022

11(a)-(b) ......................................

rep. 92/2022

12(a) .................................................

am. 329/2022

13(e) .................................................

am. 128/2005

13(f) ..................................................

am. 28/2026

13(g) .................................................

rep. 28/2026

14(1) .................................................

am. 94/2025 (clause lettering removed)

14(2)(b)-(d) .......................................

rep. 93/2022

14(2)(f)-(h) .......................................

rep. 93/2022

14(2)(i) .............................................

rs . 122/2014; rep. 93/2022

14( 2)( ia ) ............................................

ad. 122/2014; rep. 93/2022

14(2)(j) .............................................

rep. 93/2022

14(2)(l)-(m) ......................................

rep. 93/2022

14(3) .................................................

ad. 92/2022; rep. 93/2022

16(1) .................................................

am.

94/2025 (clause lettering removed)

17(1) .................................................

am.

94/2025 (clause lettering removed and

definitions arranged in alphabetical

order)

17(1), defn . of

“alternative fuel” .

ad. 94/2025

17(1), defn . of

“alternative fuel facility” ....................................

ad. 94/2025

17(1)(a), defn . of “carbon

sequestration” ...........................

ad. 124/2014

17(1), defn . of “fuel” ...................

ad. 94/2025

17(1)(e), defn . of “liquid

natural gas” ..................................................

ad. 352/2007

17(1)(f), defn . of

“liquified natural gas plant” ........................................

ad. 352/2007 ; am.

94/2025

17(1)(a), defn . of

“methane” .......

ra. as 17( 1)( aa) 124/2014

17( 1)( aa), defn . of “methane” .....

ra. from 17(1)(a) 124/2014

17(1), defn . of “syngas”

or “synthetic gas” ...........................................

ad. 94/2025

17(1), defn . of “syngas

facility” ..

ad. 94/2025

17(1), defn . of “thermal

treatment process” ....................................

ad. 94/2025

17(2)(a) .............................................

am. 222/2018

17(2)(g) .............................................

rep. 120/2016 ;

ad. 94/2025

17(2)(h) .............................................

am. 352/2007

17(2)(j)-(l) ........................................

ad. 352/2007

17(2)(m) ...........................................

ad. 124/2014 ; am. 94/2025

17(2)(n) .............................................

ad. 94/2025

18(1) .................................................

am.

94/2025 (clause lettering removed)

19(b)-(c) ...........................................

am. 60/2019

19(d) .................................................

ad. 60/2019

21(1) .................................................

am.

94/2025 (clause lettering removed)

28 ......................................................

rs . 120/2016; rep. 28/2026

28A ...................................................

ad. 352/2007 ; ra. as 29 122/2014

29 ......................................................

rep. 122/2014

29 ......................................................

ra. from 28A 122/2014

30 ......................................................

rs . 122/2014

30(1)(b) .......................................

am. 58/2016

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The references in subsection 2(1) to the Department and

Minister of Environment should be read as references to the Department and

Minister of Environment and Labour in accordance with O.I.C. 2000-484 under

the Public Service Act , R.S.N.S.

1989, c. 346.

Oct 1, 2000

The references in subsection 2(1) to the Department and

Minister of Environment should be read as references to the Department and

Minister of Environment in accordance with O.I.C. 2008-161 under the Public Service Act , R.S.N.S. 1989, c.

Apr 1, 2008

The reference in clause 30(1)(

e) to the Department of

Natural Resources should be read as a reference to the Department of Energy

and Mines in accordance with O.I.C. 2018-188 under the Public Service Act , R.S.N.S. 1989, c. 376

Jul 5, 2018

The references in subsection 2(1) to the Department and

Minister of Environment should be read as references to the Department and

Minister of Environment and Climate Change in accordance with O.I.C. 2021-60

under the Public Service Act ,

R.S.N.S. 1989, c. 346.

Feb 23, 2021

The reference in clause 30(1)(

e) to the Department of

Natural Resources should be read as a reference to the Department of Natural Resources and Renewables in accordance with O.I.C. 2021-210 under the Public Service Act , R.S.N.S. 1989, c. 376.

Aug 31, 2021

The reference in clause 30(1)(

e) to the Department of

Natural Resources should be read as a reference to the Department of Natural Resources in accordance

with O.I.C. 2024-425 under the Public

Service Act , R.S.N.S. 1989, c. 376.

Dec 12, 2024

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.