Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 38, No. 17 August 22, 2014 Contents Act Reg. No.

Page Environment Act A c t i v i t i e s D e s i g n a t i o n R e g u l a t i o n s – a m e n d m e n t .................................122/2014 284 – a m e n d m e n t ........................................................... 123/2014 288 – a m e n d m e n t ........................................................... 124/2014 292 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 115/2014 270 Prescribed Petroleum Products Prices ......................................... 116/2014 272 Provincial Parks Act Battery Provincial Park Designation–amendment ................................ 121/2014 282 B a y f i e l d P r o v i n c i a l P a r k D e s i g n a t i o n ......................................... 118/2014 276 B e l l P r o v i n c i a l P a r k D e s i g n a t i o n ............................................. 117/2014 274 Port Hood Station Provincial Park Designation .................................. 119/2014 278 Thomas Raddall Provincial Park Designation–amendment ......................... 120/2014 280 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. © NS Office of the Registrar of Regulations. Web version. 269

N.S. Reg. 115/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 N.S. Reg. 115/2014 Made: July 31, 2014 Filed: August 1, 2014 Prescribed Petroleum Products Prices Order dated July 31, 2014 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-14-32 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: Roland A. Deveau, Q.C., Vice-Chair 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 July 30, 2014, are: Grade 1 Regular gasoline 79.4¢ per litre Ultra-low-sulfur diesel oil 82.6¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 79.4¢ per litre Grade 2 82.4¢ per litre Grade 3 85.4¢ per litre Ultra-low-sulfur diesel oil 82.6¢ 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 0.6¢ per litre Ultra-low-sulfur diesel oil: Nil 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., August 1, 2014. 270 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 115/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 Dated at Halifax, Nova Scotia, this 31st day of July, 2014. 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 August 1, 2014 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 85.9 88.9 91.9 89.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 111.4 114.4 117.4 109.2 133.6 137.1 140.5 131.1 135.7 139.2 142.6 133.2 133.6 137.1 140.5 131.1 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 86.4 89.4 92.4 90.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 111.9 114.9 117.9 109.7 134.2 137.7 141.1 131.7 136.3 139.7 143.2 133.7 134.2 137.7 141.1 131.7 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 86.8 89.8 92.8 90.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 112.3 115.3 118.3 110.1 134.7 138.1 141.6 132.1 136.7 140.2 143.6 134.2 134.7 138.1 141.6 132.1 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 86.9 89.9 92.9 90.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 112.4 115.4 118.4 110.2 134.8 138.2 141.7 132.2 136.8 140.3 143.8 134.3 134.8 138.2 141.7 132.2 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 86.9 89.9 92.9 90.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 112.4 115.4 118.4 110.2 134.8 138.2 141.7 132.2 136.8 140.3 143.8 134.3 134.8 138.2 141.7 132.2 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 87.6 90.6 93.6 91.5 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 113.1 116.1 119.1 110.9 135.6 139.0 142.5 133.1 137.7 141.1 144.6 135.1 135.6 139.0 142.5 133.1 999.9 999.9 999.9 999.9 © NS Office of the Registrar of Regulations.

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N.S. Reg. 116/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 N.S. Reg. 116/2014 Made: August 7, 2014 Filed: August 8, 2014 Prescribed Petroleum Products Prices Order dated August 7, 2014 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-14-33 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: Roberta J. Clarke, Q.C., 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 August 6, 2014, are: Grade 1 Regular gasoline 77.7¢ per litre Ultra-low-sulfur diesel oil 82.7¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 77.7¢ per litre Grade 2 80.7¢ per litre Grade 3 83.7¢ per litre Ultra-low-sulfur diesel oil 82.7¢ 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 0.6¢ per litre Ultra-low-sulfur diesel oil: Nil 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., August 8, 2014. 272 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 116/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 Dated at Halifax, Nova Scotia, this 7th day of August, 2014. Sgd: D. Pedlar 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 August 8, 2014 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 84.3 87.3 90.3 89.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 109.8 112.8 115.8 109.2 131.8 135.2 138.7 131.1 133.9 137.3 140.8 133.2 131.8 135.2 138.7 131.1 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 84.8 87.8 90.8 90.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 110.3 113.3 116.3 109.7 132.4 135.8 139.3 131.7 134.4 137.9 141.3 133.7 132.4 135.8 139.3 131.7 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 85.2 88.2 91.2 90.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 110.7 113.7 116.7 110.1 132.8 136.3 139.7 132.1 134.9 138.3 141.8 134.2 132.8 136.3 139.7 132.1 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 85.3 88.3 91.3 90.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 110.8 113.8 116.8 110.2 132.9 136.4 139.8 132.2 135.0 138.5 141.9 134.3 132.9 136.4 139.8 132.2 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 85.3 88.3 91.3 90.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 110.8 113.8 116.8 110.2 132.9 136.4 139.8 132.2 135.0 138.5 141.9 134.3 132.9 136.4 139.8 132.2 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 86.0 89.0 92.0 91.5 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 111.5 114.5 117.5 110.9 133.7 137.2 140.6 133.1 135.8 139.3 142.7 135.1 133.7 137.2 140.6 133.1 999.9 999.9 999.9 999.9 © NS Office of the Registrar of Regulations.

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N.S. Reg. 117/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 N.S. Reg. 117/2014 Made: August 12, 2014 Filed: August 12, 2014 Bell Provincial Park Designation Order in Council 2014-342 dated August 12, 2014 Designation made by the Governor in Council pursuant to

Section 8 of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated July 23, 2014, and pursuant to

Section 8 of

Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after August 12, 2014, to: (

a) designate as a provincial park the lands shown outlined in bold on the plan marked

Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Bell Provincial Park; and (

b) authorize the Minister of Natural Resources to execute such documents as may be necessary to achieve the purposes of this Order. 274 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 117/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17

Schedule “A” © NS Office of the Registrar of Regulations. Web version. 275

N.S. Reg. 118/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 N.S. Reg. 118/2014 Made: August 12, 2014 Filed: August 12, 2014 Bayfield Provincial Park Designation Order in Council 2014-343 dated August 12, 2014 Designation made by the Governor in Council pursuant to

Section 8 of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated July 23, 2014, and pursuant to

Section 8 of

Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after August 12, 2014, to: (

a) designate as a provincial park the lands shown outlined in bold on the plan marked

Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Bayfield Provincial Park; and (

b) authorize the Minister of Natural Resources to execute such documents as may be necessary to achieve the purposes of this Order. 276 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 118/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17

Schedule “A” © NS Office of the Registrar of Regulations. Web version. 277

N.S. Reg. 119/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 N.S. Reg. 119/2014 Made: August 12, 2014 Filed: August 12, 2014 Port Hood Station Provincial Park Designation Order in Council 2014-344 dated August 12, 2014 Designation made by the Governor in Council pursuant to

Section 8 of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated July 23, 2014, and pursuant to

Section 8 of

Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after August 12, 2014, to: (

a) designate as a provincial park the lands shown outlined in bold on the plan marked

Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Port Hood Station Provincial Park; and (

b) authorize the Minister of Natural Resources to execute such documents as may be necessary to achieve the purposes of this Order. 278 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 119/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17

Schedule “A” © NS Office of the Registrar of Regulations. Web version. 279

N.S. Reg. 120/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 N.S. Reg. 120/2014 Made: August 12, 2014 Filed: August 12, 2014 Thomas Raddall Provincial Park Designation Order in Council 2014-345 dated August 12, 2014 Amendment to designation made by the Governor in Council pursuant to

Section 8 of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated July 23, 2014, and pursuant to

Section 8 of

Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after August 12, 2014, to: (

a) increase the size of Thomas Raddall Provincial Pa rk, originally designated by the Governor in Council by Order in Council 97-409 dated June 24, 1997, by adding to it the lands shown outlined in bold on the plan marked

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

b) authorize the Minister of Natural Resources to execute such documents as may be necessary to achieve the purposes of this Order. 280 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 120/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17

Schedule “A” © NS Office of the Registrar of Regulations. Web version. 281

N.S. Reg. 121/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 N.S. Reg. 121/2014 Made: August 12, 2014 Filed: August 12, 2014 Battery Provincial Park Designation Order in Council 2014-346 dated August 12, 2014 Amendment to designation made by the Governor in Council pursuant to

Section 8 of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated July 23, 2014, and pursuant to

Section 8 of

Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after August 12, 2014, to: (

a) increase the size of Battery Provincial Park, orig inally designated by the Governor in Council by Order in Council 72-338 dated March 28, 1972, by adding to it the lands shown outlined in bold on the plan marked

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

b) authorize the Minister of Natural Resources to execute such documents as may be necessary to achieve the purposes of this Order. 282 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 121/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17

Schedule “A” © NS Office of the Registrar of Regulations. Web version. 283

N.S. Reg. 122/2014 to 123/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 N.S. Reg. 122/2014 to 123/2014 Made: August 12, 2014 Filed: August 12, 2014 Activities Designation Regulations Order in Council 2014-347 dated August 12, 2014 Amendment to regulations made by the Governor in Council pursuant to Sections 25 and 66 of the Environment Act The Governor in Council on the report and recommendation of the Minister of Environment dated July 10, 2014, and pursuant to Sections 25 and 66 of

Chapter 1 of the Acts of 1994-95, the Environment Act, is pleased to amend the Activities Designation Regulations, N.S. Reg. 47/95, made by the Governor in Council by Order in Council 95-286 dated April 11, 1995, to (

a) eliminate the requirement for breweries with a production volume under 150,000 litres per year to obtain an approval to operate; (

b) add security and insurance requireme nts in respect of certain activities; (

c) make some housekeeping changes to ensure consistency with other regulations made under the Act; (

d) provide that certain watercourse alteration ac tivities require the approval of the Minister of Environment; (

e) provide for certain watercourse alteration activ ities to be carried out upon notification to the Department of Environment; (

f) require adherence to prescribed standards for cer tain activities related to watercourse alterations; (

g) exempt persons carrying out certain watercourse alteration activities from the requirement to obtain an approval or provide notification; (

h) provide for the certification of individuals to install and size watercourse alterations and structures; and (

i) provide that certain watercourse alterations and structures must be designed by professional engineers; in the manner set forth in Schedules “A” and “B”, which schedules are attached to and form part of the report and recommendation,

Schedule “A” to be effective on and after August 12, 2014, and

Schedule “B” to be effective on and after October 1, 2014. 284 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 122/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 N.S. Reg. 122/2014 Activities Designation Regulations

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

Section 66 of

Chapter 1 of the Acts of 1994-95, the Environment Act 1 Subsection 2(1) of the Activities Designation Regulations, N.S. Reg. 47/95, made by the Governor in Council by Order in Council 95-286 dated April 11, 1995, is amended by (

a) striking out the clause letter before each definition; (

b) adding the following definition immediately after the definition of “Administrator” “Approval and Notification Procedure Regulations” means the Approval and Notification Procedure Regulations made under the Act; (

c) striking out the period at the end of the defi nition of “modification” and substituting a semicolon, and adding the following definition immediately after the definition of “modification”: “professional engineer” means a person who holds a valid and subsisting certificate of registration or licence to practise under the Engineering Profession Act. 2

Section 3 of the regulations is repeal ed and the following

Section substituted: 3( 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. 3

Section 4 of the regulations is repealed. 4 The regulations are further amended by adding the following headings and Sections immediately after

Section 3: © NS Office of the Registrar of Regulations. Web version. 285

N.S. Reg. 122/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 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. 5 (1) Subsection 8(1) of the regulations is re pealed and the following subsection substituted:

(1) For the purpose of

Part 2 of Division III, (a) “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; (b) “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; (c) “municipal solid waste” has the same meaning as in the Solid Waste-Resource Management Regulations made under the Act; (d) “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, 286 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 17 (iii) a facility for transferring, storing, mixing, processing, treating or disposing of municipal solid waste, (iv) a facility for disposing of construction and demolition debris; (e) “ Sulphide Bearing Material Disposal Regulations” means the Sulphide Bearing Material Disposal Regulations made under the Act.

(2) Section 8 of the regulations is further amended by (

a) striking out “municipal” in subsection (2); and (

b) adding the following subsection immediately after subsection (2):

(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. 6 Subsection 14(2) of the regulations is amended by repealing clause (

i) and substituting the following clauses: (

i) a beer processing plant that produces 150 000 L or more of alcoholic beverages per year; (ia) a wine processing plant in which alcoho lic beverages are produced by the process of fermentation; 7 The heading “Division VI - Other Approvals” and S ections 29 and 30 of the regulations are repealed. 8 The regulations are further amended by renumbering

Section 28A as

Section 29. 9 The regulations are further amended by adding th e following heading and

Section immediately after

Section 29: Division VI - Security and Insurance 30

(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) 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. © NS Office of the Registrar of Regulations. Web version. 287

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Part II - Regulations Vol. 38, No. 17

(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. N.S. Reg. 123/2014 Activities Designation Regulations

Schedule “B” Amendment to the Activities Designation Regulations made by the Governor in Council under Sections 25 and 66 of

Chapter 1 of the Acts of 1994-95, the Environment Act 1 The heading “Division I - Water Approvals” and

Section 5 of the Activities Designation Regulations, N.S. Reg. 47/95, made by the Governor in Council by Order in Council 95-286 dated April 11, 1995, are repealed and the following headings and Sections substituted: Division I - Water

Definitions for Division I 5 For the purpose of Division I, (a) “bank” means that portion of a watercourse be tween 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; (b) “bed” means that portion of a watercour se that is commonly submerged in water; (c) “equipment” means power tools, including ch ainsaws, generators and jackhammers, but not including vehicles as defined in the Motor Vehicle Act; 288 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 123/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 (d) “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; (e) “Watercourse Alteration Installer” mean s 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; (f) “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 volum e 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, © NS Office of the Registrar of Regulations. Web version. 289

N.S. Reg. 123/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 17 (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 ot her 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 waterc ourse 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 associ ated 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 30.

(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. 290 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 17

(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 waterc ourse 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 any terms and conditions that the Minister considers appropriate. 2 The regulations are further amended by striking out “Approvals” in each of the headings for Divisions II through V. © NS Office of the Registrar of Regulations. Web version. 291

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Part II - Regulations Vol. 38, No. 17 N.S. Reg. 124/2014 Made: August 12, 2014 Filed: August 12, 2014 Activities Designation Regulations Order in Council 2014-348 dated August 12, 2014 Amendment to 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 July 31, 2014, and pursuant to

Section 66 of

Chapter 1 of the Acts of 1994-95, the Environment Act, is pleased to amend the Activities Designation Regulations, N.S. Reg. 47/95, made by the Governor in Council by Order in Council 95-286 dated April 11, 1995, to designate carbon sequestration as an activity that requires an approval, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation effective on and after August 12, 2014.

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

Section 66 of

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

Part 6 of Divi sion V–Industrial Approvals of the Activities Designation Regulations, N.S. Reg. 47/95, made by the Governor in Council by Order in Council 95-286 dated April 11, 1995, is amended by adding “, and Carbon Sequestration” immediately after “Oil and Gas”. 2

Part 6 of Division V of the regulations is further amended by (

a) relettering clause 17(1)(

a) as clause 17(1)(aa); and (

b) adding the following clause immediately before clause 17(1)(aa): (a) “carbon sequestration” means the depositing unde rground, 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; 3

Part 6 of Division V of the regulations is further amended by (

a) striking out the comma at the end of clause 17(2)(

l) and substituting a semicolon; and (

b) adding the following clause immediately after clause 17(2)(l): (

m) an exploratory drill, development, or ope ration that is related to carbon sequestration, 292 © NS Office of the Registrar of Regulations. Web version.