2 The purpose of this Act is to support and promote the protection, enhancement and prudent use of the environment while recognizing the following goals:

(a) maintaining environmental protection as essential to the integrity of ecosystems, human health and the socio-economic well-being of society;

(b) maintaining the principles of sustainable development, including

(i) the principle of ecological value, ensuring the maintenance and restoration of essential ecological processes and the preservation and prevention of loss of biological diversity,

(ii) the precautionary principle will be used in decision-making so that where there are threats of serious or irreversible damage, the lack of full scientific certainty shall not be used as a reason for postponing measures to prevent environmental degradation,

(iii) the principle of pollution prevention and waste reduction as the foundation for long-term environmental protection, including

(A) the conservation and efficient use of resources,

(B) the promotion of the development and use of sustainable, scientific and technological innovations and management systems, and

(C) the importance of reducing, reusing, recycling and recovering the products of our society,

(iv) the principle of shared responsibility of all Nova Scotians to sustain the environment and the economy, both locally and globally, through individual and government actions,

(v) the stewardship principle, which recognizes the responsibility of a producer for a product from the point of manufacturing to the point of final disposal,

(vi) the linkage between economic and environmental issues, recognizing that long-term economic prosperity depends upon sound environmental management and that effective environmental protection depends on a strong economy, and

(vii) the comprehensive integration of sustainable development principles in public policy making in the Province;

(c) the polluter-pay principle confirming the responsibility of anyone who creates an adverse effect on the environment that is not de minimis to take remedial action and pay for the costs of that action;

(d) taking remedial action and providing for rehabilitation to restore an adversely affected area to a beneficial use;

(e) Government having a catalyst role in the areas of environmental education, environmental management, environmental emergencies, environmental research and the development of policies, standards, objectives and guidelines and other measures to protect the environment;

(f) encouraging the development and use of environmental technologies, innovations and industries;

(g) the Province being responsible for working co-operatively and building partnerships with other provinces, the Government of Canada, other governments and other persons respecting transboundary matters and the co-ordination of legislative and regulatory initiatives;

(h) providing access to information and facilitating effective public participation in the formulation of decisions affecting the environment, including opportunities to participate in the review of legislation, regulations and policies and the provision of access to information affecting the environment;

(i) providing a responsive, effective, fair, timely and efficient administrative and regulatory system, recognizing that wherever practical, it is essential to promote the purpose of this Act primarily through non-regulatory means such as co-operation, communication, education, incentives and partnerships, instead of punitive measures. 1994-95, c. 1, s. 2; 2006, c. 30, s. 1.

3 In this Act,

(a) "Act" includes, unless the context otherwise requires, the regulations made pursuant to this Act;

(aa) "activity" means an activity or part of an activity prescribed by the regulations;

(b) "administrator" means a person appointed by the Minister for the purpose of this Act, and includes an acting administrator;

(c) "adverse effect" means an effect that impairs or damages the environment, including an adverse effect respecting the health of humans or the reasonable enjoyment of life or property;

(d) "air" means open air not enclosed in a building, structure, machine, chimney, stack, flue, tank or pipe;

(e) "analyst" means a person appointed as an analyst by the Minister pursuant to this Act;

(f) "approval" means an approval issued pursuant to this Act with respect to an activity, and includes the renewal of an approval;

(g) "Board" means the Nova Scotia Environmental Assessment Board established by Part IV;

(h) "certificate of qualification" means a certificate of qualification issued pursuant to this Act and includes the renewal of a certificate of qualification;

(i) "certificate of variance" means a certificate of variance issued pursuant to this Act;

(j) "class environmental assessment" means a planning process used for types of undertakings that occur frequently and have a generally predictable range of environmental effects;

(k) "contaminant" means, unless otherwise defined in the regulations, a substance that causes or may cause an adverse effect;

(l) "contaminated site" means

(i) unless otherwise defined by regulation, a site with concentrations of a contaminant or contaminants that exceed standards prescribed or adopted by the Minister that has caused, is causing or may cause an adverse effect, or

(ii) a site designated as a contaminated site by the Minister pursuant to Section 87;

(m) "Corps" means the Nova Scotia Youth Conservation Corps;

(n) "dangerous goods" means a substance designated as such in the regulations or conforming with criteria set out in the regulations;

(o) "Department" means the Department of Environment and Labour;

(p) "designated material" includes a material prescribed as such in the regulations or conforming with criteria set out in the regulations;

(q) "document" includes a book, sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account, electronic device or any other device that stores or contains information;

(r) "environment" means the components of the earth and includes

(i) air, land and water,

(ii) the layers of the atmosphere,

(iii) organic and inorganic matter and living organisms,

(iv) the interacting natural systems that include components referred to in subclauses (i) to (iii), and

(v) for the purpose of Part IV, the socio-economic, environmental health, cultural and other items referred to in the definition of environmental effect;

(s) "environmental assessment" means a process by which the environmental effects of an undertaking are predicted and evaluated and a subsequent decision is made on the acceptability of the undertaking;

(t) "environmental-assessment report" means a report that presents the results of an environmental assessment;

(u) "environmental audit" means a process of independently obtaining and evaluating evidence about an environmental matter to determine the relationship between the environmental matter and the established standards and criteria;

(v) "environmental effect" means, in respect of an undertaking,

(i) any change, whether negative or positive, that the undertaking may cause in the environment, including any effect on socio-economic conditions, on environmental health, physical and cultural heritage or on any structure, site or thing including those of historical, archaeological, paleontological or architectural significance, and

(ii) any change to the undertaking that may be caused by the environment,

whether the change occurs inside or outside the Province;

(w) "environmental-site assessment" means the process by which an assessor seeks to determine whether a particular property is or may be subject to contamination;

(x) "focus report" means a report that presents the results of an environmental assessment of a limited range of adverse effects that may be caused by the undertaking;

(y) "Fund" means the Resource Recovery Fund;

(z) "Government" means Her Majesty in right of the Province;

(aa) "Government agency" means

(i) a person who is an agent of the Government, or

(ii) an agency, commission, board or other body, some or all of whose members are appointed by an Act of the Legislature, the Governor in Council or a member of the Executive Council, or any combination thereof;

(ab) "groundwater" means all water naturally occurring under the surface of the Province;

(ac) "handle" includes use, store, distribute, treat, manufacture, transport, generate, process, package, re-process, recycle, sell, offer for sale, dispose of and import into the Province;

(ad) "inspector" means any person who is appointed as an inspector by the Minister, and includes any municipal or town police officer and any member of the Royal Canadian Mounted Police;

(ae) "land" means surface land, land covered by water, subsoil, matter beneath the subsoil or any combination or part thereof;

(aea) "litter" means any material left or abandoned in a place other than a receptacle or place intended or approved for receiving such material;

(af) "loss or damage" includes personal injury, loss of life, loss of use or enjoyment of property and pecuniary loss, including loss of income;

(ag) "Minister" means the Minister of Environment and Labour;

(ah) "municipality" means a city, an incorporated town, a municipality of a county or district or village commissioners;

(ai) "peace officer" means a peace officer within the meaning of the Criminal Code (Canada);

(aj) "person" includes an individual and a partnership and, for greater certainty, a corporation, municipality and any other entity, and, without restricting the generality of the foregoing, the Government, a Government agency, and Her Majesty in right of Canada and a person acting on behalf of Her Majesty;

(ak) "person responsible" means

(i) the owner of the substance or thing,

(ii) the owner or occupier of land on which an adverse effect has occurred or may occur,

(iii) a previous owner of the substance or thing,

(iv) a person who has or has had care, management or control, including care, management and control during the generation, manufacture, treatment, sale, handling, distribution, use, storage, disposal, transportation, display or method of application of the substance or thing,

(v) a successor, assignee, executor, administrator, receiver, receiver manager or trustee of a person referred to in subclauses (i) to (iv), or

(vi) a person who acts as the principal or agent of a person referred to in subclauses (i) to (v);

(al) "person responsible for the contaminated site" means

(i) a person responsible for a substance that is over, in, on or under the contaminated site,

(ii) any other person whom the Minister considers to be responsible for causing or contributing to the release of a substance into the environment,

(iii) the owner or occupier of, or an operator on, the contaminated site,

(iv) any previous owner, occupier or operator of the contaminated site who was the owner, occupier or operator at any time when the substance was released over, in, on or under the contaminated site,

(v) a successor, assignee, executor, administrator, receiver, receiver manager or trustee of a person referred to in subclauses (i) to (iv), or

(vi) a person who acts as the principal or agent of a person referred to in subclauses (i) to (v);

(am) "pesticide" or "pest control product" means

(i) any substance that is intended, sold or represented for use in preventing, destroying, repelling or mitigating, directly or indirectly, any pest,

(ii) any substance that is a pest control product within the meaning of the Pest Control Products Act (Canada) or is intended for use as a pest control product,

(iii) any substance that is a plant growth regulator, a defoliant or a plant desiccant,

(iv) a fertilizer within the meaning of the Fertilizers Act (Canada) that contains a substance referred to in subclause (i), (ii) or (iii), or

(v) any other substance designated as a pesticide in the regulations,

but does not include a substance that is intended, sold or represented for use in potable water to prevent or destroy bacteria, parasites or viruses if the substance is not a pest control product within the meaning of the Pest Control Products Act (Canada);

(an) "place" includes any land, building, structure, machine, aircraft, vehicle or vessel;

(ao) "proponent" means a person who

(i) carries out or proposes to carry out an undertaking or activity, or

(ii) is the owner or person having care, management or control of an undertaking or activity;

(ap) "registered owner" with respect to real property, means an owner of real property whose interest is defined and whose name is specified in an instrument recorded in a registry of deeds or land registration office, and includes a person shown as tenant of real property on the last revised assessment roll;

(aq) "rehabilitation" includes

(i) the removal of equipment or a building or other structure or appurtenance,

(ii) the conducting of an investigation to determine the presence of a substance,

(iii) the removal of a contaminant from land or water,

(iv) the stabilization, contouring, maintenance, conditioning or reconstruction of the surface of land,

(v) any other procedure, operation or requirement in accordance with this Act;

(ar) "release" means to spill, discharge, dispose of, spray, inject, inoculate, abandon, deposit, leak, seep, pour, emit, empty, throw, dump, place, drain, pump or exhaust;

(as) "Round Table" means an advisory committee established to advise the Department on issues referred to it by the Minister related to environmental sustainability;

(at) "storage" means the holding of a substance for a temporary period at the end of which it is intended to be processed, used, transported, treated or disposed of;

(au) "substance" means

(i) matter that is capable of becoming dispersed in the environment,

(ii) matter that is capable of becoming transformed in the environment into matter referred to in subclause (i),

(iii) sound, vibration, heat, radiation or another form of energy, or

(iv) any combination of things referred to in subclauses (i) to (iii);

(av) "Supreme Court" means the Supreme Court of Nova Scotia;

(aw) "sustainable development" means development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs;

(ax) "treat" means to apply any method, technique or process, including neutralization and stabilization that is designed to change the physical, chemical or biological concentration, character or composition of a substance;

(ay) "Trust" means the Nova Scotia Environmental Trust;

(az) "undertaking" means an enterprise, activity, project, structure, work or proposal that, in the opinion of the Minister, causes or may cause an adverse effect or an environmental effect, and may include, in the opinion of the Minister, a policy, plan or program or a modification, extension, abandonment, demolition or rehabilitation, as the case may be, of an undertaking;

(ba) "waste" means a substance that would cause or tend to cause an adverse effect if added to the environment, and includes rubbish, slimes, tailings, fumes, smoke from mines or factories, other air emissions, or other industrial wastes, effluent, sludge, sewage, garbage, refuse, scrap, litter or other waste products of any kind;

(bb) "waste dangerous goods" means a substance designated as such in the regulations or conforming with criteria set out in the regulations;

(bc) "water resource" means all fresh and marine waters comprising all surface water, groundwater and coastal water;

(bd) "water works" means any public, commercial or industrial works for the collection, production, treatment, storage, supply or distribution of water;

(be) "watercourse" means

(i) the bed and shore of every river, stream, lake, creek, pond, spring, lagoon or other natural body of water, and the water therein, within the jurisdiction of the Province, whether it contains water or not, and

(ii) all ground water;

(bf) "watershed" means the area drained by, or contributing to a stream, lake or other body of water;

(bg) "wetland" means land commonly referred to as a marsh, swamp, fen or bog that either periodically or permanently has a water table at, near or above the land's surface or that is saturated with water, and sustains aquatic processes as indicated by the presence of poorly drained soils, hydrophytic vegetation and biological activities adapted to wet conditions. 1994-95, c. 1, s. 3; 2001, c. 6, s. 103; 2006, c. 30, s. 2.

3A (1) A regulation under this Act may adopt or incorporate in whole or in part or with modifications documents that set out standards, policies, codes, guidelines or other rules relating to any matter in respect of which a regulation may be made under this Act.

(2) Where a standard, policy, code, guideline or other rule is adopted or incorporated by regulation under this Act, the Minister shall make it publicly available. 2006, c. 30, s. 3.

4 (1) This Act binds Her Majesty in right of the Province, Her Majesty's corporations, agents, administrators, servants and employees and Government agencies.

(2) This Act binds Her Majesty in right of Canada and Her Majesty's corporations, boards, commissions, agents, administrators, servants and employees.

(3) For greater certainty, the persons referred to in subsections (1) and (2) are subject to prosecution, a ministerial order and other remedies under this Act. 1994-95, c. 1, s. 4.

5 A licence, permit, approval or other authorization issued pursuant to any other enactment does not constitute an approval under this Act, unless otherwise stated in the regulations. 1994-95, c. 1, s. 5.

6 (1) Where there is a conflict between this Act and any other enactment, this Act prevails.

(2) A provision of any other enactment is not in conflict with this Act by reason only that it imposes a restriction or requires a condition for the protection of the environment in excess of those required by this Act.

(3) Subject to subsections (4) and (5), nothing in this Act affects or impairs the validity of a by-law of a municipality relating to matters dealt with in this Act except in so far as the by-law is in conflict or inconsistent with this Act.

7 Such administrators and employees as are necessary for the administration of this Act shall be appointed in accordance with the Civil Service Act. 1994-95, c. 1, s. 7.

8 (1) The Minister is responsible for the general supervision and management of this Act.

(2) The Minister, for the purposes of the administration and enforcement of this Act, and after engaging in such public review as the Minister considers appropriate, shall

(a) promote sustainable development, including pollution prevention;

(b) establish and administer policies, programs, standards, guidelines, objectives, codes of practice, directives and approval processes pertaining to the protection and stewardship of the environment;

(c) consult with and co-ordinate activities with other departments, Government agencies, municipalities, governments and other persons;

(d) develop policies and plans for the management of wastes;

(e) control the handling of substances that may have an adverse effect;

(f) promote the rehabilitation and restoration of degraded areas of the environment;

(g) establish and assist demonstration programs that are consistent with the intent of this Act;

(h) conduct economic analyses to determine the costs and benefits of proposed alterations of the environment and assess methods of offsetting the environmental costs associated with those alterations;

(i) establish criteria to be applied by an administrator or a person to whom responsibility is delegated pursuant to this Act in making any decision under this Act;

(j) implement policies and programs respecting environmental technologies, innovations and industries;

(k) establish fees for emission and effluent discharge levels, the provision or filing of any information, documents, returns and reports, any application for, processing and issuance of an approval, a registration or a certificate, any inspection or investigation, any services or material provided and any other matter respecting the administration of this Act;

(l) prescribe forms for the purpose of this Act. 1994-95, c. 1, s. 8; 2004, c. 3, s. 20.

9 The Minister may

(a) appoint any person, establish advisory committees and retain experts to report to the Minister with respect to

(i) the content and administration of this Act,

(ii) any policies, programs, standards, guidelines, objectives, codes of practice, directives, approval processes or other matters under the administration of the Minister,

(iii) the review of any refusal to issue approvals or certificates of qualification under Part V or to review suspensions or cancellations of approvals under Part V, or

(iv) issues related to sustainable development;

(b) specify the functions that any person, the committees and the experts appointed or retained pursuant to clause (a) are to perform, including the seeking of input from the public and the manner and time period in which those functions are to be performed;

(c) provide for the remuneration of and payment of expenses to experts, witnesses, members of committees and any person appointed pursuant to clause (a);

(d) provide for the issue of summonses requiring the attendance of witnesses, the production of documents and things and the payment of fees to witnesses. 1994-95, c. 1, s. 9; 2006, c. 30, s. 4.

9A (1) The Minister shall establish a Round Table to give advice to the Department with respect to issues referred by the Minister related to environmental sustainability.

(2) The Minister shall appoint to the Round Table persons who have particular knowledge or experience relating to environmental sustainability.

(3) Persons appointed to the Round Table shall be paid expenses incurred by them in the course of carrying out their duties for the Round Table, plus such remuneration as is determined by the Minister. 2006, c. 30, s. 5.

10 (1) The Minister shall establish an environmental registry containing

(a) approvals;

(b) certificates of qualification;

(c) certificates of variance;

(d) orders, appeals, decisions and hearings made under this Act;

(e) notices of designation given pursuant to this Act;

(f) notices of a charge or lien given pursuant to Section 132;

(g) policies, programs, standards, codes of practice, guidelines, objectives, directives and approval processes established under this Act;

(h) convictions, penalties and other enforcement actions brought under this Act;

(i) information or documents required by the regulations to be included in the registry;

(j) annual reports; and

(k) any other information or document considered appropriate by the Minister.

(2) All information under the control of the Department is accessible to the public, subject only to the Freedom of Information and Protection of Privacy Act.

(3) The Minister shall ensure public access to the information and documents contained in the environmental registry during business hours of the Department.

(4) Where the Minister, administrator or delegated agent makes a decision under Section 34, 35, 40, 52, 54 or 56, any person who asks for a reason for the decision shall, within thirty days, and subject to the Freedom of Information and Protection of Privacy Act, be furnished with a written statement of the decision, setting out the findings of fact upon which it is based and the reasons for the decision. 1994-95, c. 1, s. 10; 2006, c. 30, s. 6.

11 to 13 repealed 2006, c. 30, s. 7.

14 (1) For the purpose of resolving a dispute, the Minister may refer a matter to a form of alternate dispute resolution, including but not limited to, conciliation, negotiation, mediation or arbitration.

(2) Where the Minister decides to use a form of alternate dispute resolution to resolve a dispute, the Minister, in consultation with the affected parties and using criteria prescribed or adopted by the Department, shall determine which form of dispute resolution is most appropriate to use to resolve the dispute.

(3) Any form of alternate dispute resolution used shall strive to achieve consensus to resolve procedural and substantive issues throughout the process.

(4) Where a form of alternate dispute resolution is being used to resolve a dispute, and where an independent party or neutral third party has been chosen to facilitate, mediate or arbitrate, at the conclusion of the process that person shall file a report with the Minister and with the parties whether or not the dispute was resolved.

(5) Without limiting the generality of subsections (1) to (4), a form of alternate dispute resolution may be used

(a) in case of a dispute over a certificate of qualification or a certificate of variance;

(b) in case of a dispute over an approval;

(c) in case of a dispute under Part VIII respecting responsibility for rehabilitation of a contaminated site; or

(d) generally, for conflict resolution. 1994-95, c. 1, s. 14.

15 The Minister may, in accordance with the regulations, establish programs for the research, development and use of economic instruments and market-based approaches for the management of the environment and for the purpose of achieving environmental quality objectives in a cost-effective manner, including, without limiting the generality of the foregoing,

(a) tradable emission and effluent permits;

(b) offsetting environmental costs and benefits;

(c) user charges;

(d) resource pricing and physical resource accounts;

(e) deposit refund systems;

(f) emission, effluent and waste-disposal fees;

(g) product charges;

(h) charges on inputs or materials;

(i) tax incentives and tax differentiation;

(j) subsidies, loans and grants. 1994-95, c. 1, s. 15.

16 The Minister shall report periodically to the people of the Province on the state of the environment in the Province. 1994-95, c. 1, s. 16.

17 (1) The Minister may, in writing, delegate to

(a) any employee of the Government or a Government agency;

(b) any employee of the Government of Canada or an agency of that government;

(c) any employee of a municipality; or

(d) any person,

who has the qualifications and experience, any power or duty conferred or imposed on the Minister pursuant to this Act.

(2) Before making a delegation to a person pursuant to subsection (1), the Minister shall consult with and obtain the consent of the person or, where applicable, the employer of the person.

(3) Subsection (1) does not apply to the power or duty of the Minister under clause 8(2)(i) or Section 40.

(4) The Minister may revoke a delegation made pursuant to this Section. 1994-95, c. 1, s. 17; 2006, c. 30, s. 8.

18 (1) The Minister may, with the approval of the Governor in Council, transfer the administration and control of a provision of this Act, after appropriate consultation, to

(a) another minister of the Government or a Government agency;

(b) a municipality; or

(c) any other person,

and may specify the terms and conditions under which and subject to which the transfer is made.

(2) The Minister may, with the approval of the Governor in Council, revoke a transfer of administration and control made pursuant to this Section. 1994-95, c. 1, s. 18.

19 (1) Subject to subsection (2), the Minister may enter into agreements with any person relating to any matter pertaining to the environment.

(2) The Minister, with the approval of the Governor in Council, may enter into agreements with the Government of Canada with respect to the administration of this Act, the Canadian Environmental Assessment Act, the Canadian Environmental Protection Act, the Fisheries Act (Canada) or any other federal enactment for the purpose of protection of the environment. 1994-95, c. 1, s. 19.

20 The Minister may, with the approval of the Governor in Council, purchase and dispose of any estate or interest in real property for the purpose of this Act. 1994-95, c. 1, s. 20.

21 (1) The Minister may appoint as an administrator a person who has the qualifications and experience to be an administrator for the purpose of all or part of this Act.

(2) The Minister may appoint as an inspector a person who has the qualifications and experience to be so appointed.

(3) Where a person appointed pursuant to subsection (2) is not an employee of the Department, the Minister, before making the appointment, shall consult with and obtain the consent of the person or, where applicable, the employer of the person.

(4) An appointment under subsection (2) may direct that the authority of the inspector be exercised subject to any terms and conditions that the Minister prescribes in the appointment, including limitations on the scope of the appointment. 1994-95, c. 1, s. 21.

22 On entering any place, an inspector shall, on request, produce an identification card provided by the Department and provide reasons for the entry. 1994-95, c. 1, s. 22.

23 (1) Before accepting results from any laboratory, the Minister may require proof of acceptable certification of the laboratory.

(2) The Minister may prescribe methods and procedures for sampling and analysis of the environment and any substance, discharge or emission into the environment. 1994-95, c. 1, s. 23.

24 (1) Where any notice, request, order, direction or other document is required to be given in writing or served pursuant to this Act, it is deemed to be sufficiently given or served

(a) upon a copy being personally given to or served on the person to whom it is directed;

(b) upon a copy being sent by facsimile or by other electronic means to the person to whom it is directed and an acknowledgement of receipt being received;

(c) five days after a copy is sent by mail addressed to the person to whom it is directed at the last known address for that person; or

(d) in the case of a registered owner of real property, five days after a copy is sent by mail to the address for the registered owner shown on the last revised assessment roll.

(2) Where the person to be served is a corporation, service on a director, officer or recognized agent of the corporation in accordance with subsection (1), or service in accordance with the Corporations Registration Act, is deemed to be service on the corporation for the purpose of this Act.

(3) Where it is impractical for any reason to serve a document in the manner prescribed in subsection (1), an ex parte application may be made to a judge of the Supreme Court who may make an order for substituted service providing for such steps to be taken to bring the matter to the attention of the person to be served. 1994-95, c. 1, s. 24.

25 (1) The Governor in Council may make regulations

(a) respecting information or documentation to be filed in the environmental registry established pursuant to this Part;

(b) respecting the manner in which reports of persons, advisory committees and experts appointed or retained pursuant to clause 9(a) are made public;

(c) regarding research, development and use of economic instruments and market-based approaches;

(d) respecting alternate dispute-resolution mechanisms;

(e) respecting the management, administration and membership of the Round Table, and any other matter related to its functioning;

(f) respecting state of environment reporting;

(fa) respecting fees and the manner of payment in relation to anything done or required to be done under this Act or the regulations;

(g) defining terms not otherwise defined in this Act, or further clarifying defined terms;

(h) for the effective administration and enforcement of this Act, and, without restricting the generality of the foregoing, exempting a person or a class of persons, activities, matters or things from this Act;

(i) generally, respecting any matter necessary or advisable to effectively carry out the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 1994-95, c. 1, s. 25; 2004, c. 3, s. 21; 2006, c. 30, s. 9.

26 Any new regulations or any substantive amendment to the regulations becomes law only after the regulations or amendments, as the case may be, have been subjected to such public review as the Minister considers appropriate. 1994-95, c. 1, s. 26.

27 (1) For the purpose of fostering an understanding of, and responsibility for, the environment, the Minister may

(a) compile information and undertake research related to the environment, environmental education and sustainable development;

(b) subject to the Freedom of Information and Protection of Privacy Act, provide any person with access to environmental information in the control of the Department;

(c) convene conferences and conduct seminars and educational and training programs relating to the environment and sustainable development;

(d) maintain a library consisting of publications and other information relating to environmental matters;

(e) develop, publish and distribute educational material with respect to the environment and sustainable development;

(f) assist and support other ministers of the Government or other persons in designing, producing and delivering throughout the Province educational programs pertaining to sustainable development and other information.

(2) The Minister may contribute to, sponsor or undertake research that the Minister considers necessary to achieve the purpose of this Act. 1994-95, c. 1, s. 27.

28 (1) There is hereby established the Nova Scotia Environmental Trust for the purpose of funding programs for, or otherwise promoting, environmental research and management and conservation of the environment.

(2) The Minister may acquire, on behalf of the Trust, by agreement, gift, donation, bequest or devise or through any Governmental or private program any real or personal property for the purpose of the Trust.

(3) With the approval of the Governor in Council, the Minister may dispose of real property acquired by the Trust.

(4) The Minister shall administer the Trust.

(5) The Trust consists of

(a) property acquired pursuant to subsection (2) or money from the disposition of such property; and

(b) income accruing to the Trust.

(6) The Governor in Council may make regulations

(a) respecting the governance and distribution of the Trust, including the appointment of external directors or trustees;

(b) directing certain monies from fines be designated to the Trust;

(c) permitting settlements made relative to prosecutions under this Act to be directed to the Trust.

(7) The exercise by the Governor in Council of the authority contained in subsection (6) is regulations within the meaning of the Regulations Act. 1994-95, c. 1, s. 28; 2006, c. 30, s. 10.

29 (1) There is hereby established, in accordance with the regulations, the Nova Scotia Youth Conservation Corps.

(2) The purpose of the Corps is to

(a) promote youth involvement in environmental stewardship and commitment to the conservation and enhancement of the environment;

(b) provide youth with opportunities to participate in environmental projects, thereby providing Corps members with leadership skills and training and building community capacity in environmental management;

(c) provide summer and longer term employment, including relevant training and education, for youth; and

(d) facilitate and encourage movement of participants in the Corps program to private sector employment by linking the program with the private sector through co-operative work programs. 1994-95, c. 1, s. 29; 2006, c. 30, s. 11.

30 (1) The Governor in Council may make regulations

(a) respecting any matter necessary or advisable for the administration of the Trust;

(b) respecting any matter necessary or advisable for the administration of the Corps.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 1994-95, c. 1, s. 30.

31 (1) Subject to subsection (2), the environmental-assessment process under this Part applies with respect to an undertaking as determined by the Minister or as prescribed in the regulations.

(2) This Part does not apply to class environmental assessments as prescribed in the regulations. 1994-95, c. 1, s. 31; 2006, c. 30, s. 12.

32 (1) Until the Minister has notified the proponent in writing that an undertaking is approved, no person shall commence work on the undertaking.

(2) The Minister may impose conditions upon the approval of an undertaking and the proponent shall comply with the conditions if the undertaking proceeds. 1994-95, c. 1, s. 32.

33 Every proponent of an undertaking shall

(a) register the undertaking with the Minister in the time and manner prescribed by the regulations; and

(b) publish a notice of the undertaking containing the information prescribed by the regulations. 1994-95, c. 1, s. 33.

34 (1) After an undertaking is registered pursuant to Section 33, the Minister shall examine or cause to be examined the information that is provided respecting an undertaking and shall determine that

(a) additional information is required;

(b) a focus report is required;

(c) an environmental-assessment report is required;

(d) all or part of the undertaking may be referred to alternate dispute resolution;

(e) a focus report or an environmental-assessment report is not required, and the undertaking may proceed; or

(f) the undertaking is rejected because of the likelihood that it will cause adverse effects or environmental effects that cannot be mitigated.

(2) The Minister shall notify the proponent, in writing, of the decision pursuant to subsection (1), together with reasons for the decision, within the time period prescribed by the regulations.

(3) In case of a determination pursuant to clause (1)(a), (b), (c), (d) or (e), the registration of an undertaking is deemed to have been withdrawn if

(a) the Minister is not aware of any action taken by the proponent on the environmental assessment of the undertaking within the time period prescribed in the regulations;

(b) the Minister has notified the proponent when no action has been taken within the time period prescribed by the regulations; and

(c) the proponent has not given any reasonable explanation for the delay within the time period prescribed by the regulations.

(4) A proponent may withdraw the registration of an undertaking.

(5) At any stage during the environmental assessment process, where the Minister believes the proponent is not complying with this Act or the regulations, the Minister may suspend the environmental assessment process until such time as the Minister is satisfied the proponent is in compliance. 1994-95, c. 1, s. 34; 2006, c. 30, s. 13.

35 (1) Where the Minister decides that a focus report is necessary pursuant to Section 34, an administrator shall provide the proponent with terms of reference for the preparation of the focus report.

(2) The proponent shall undertake the necessary study for the preparation of the focus report and submit the report to the Minister.

(3) Upon receiving the focus report, the Minister shall examine the report or cause it to be examined and shall determine that

(a) an environmental-assessment report is required;

(b) all or part of the undertaking may be referred to alternate dispute resolution;

(c) an environmental-assessment report is not required and the undertaking may proceed; or

(d) the undertaking is rejected because of the likelihood that it will cause adverse effects or environmental effects that cannot be mitigated.

(4) The Minister shall notify the proponent, in writing, of the decision pursuant to subsection (3), together with reasons for the decision, within the time period prescribed by the regulations. 1994-95, c. 1, s. 35.

36 Where the Minister decides that an environmental-assessment report is required, an administrator shall

(a) prepare proposed terms of reference for the environmental assessment;

(b) give the public and the proponent an opportunity to comment on the proposed terms of reference in the prescribed manner;

(c) modify the terms of reference as the administrator considers appropriate; and

(d) provide the proponent with the terms of reference. 1994-95, c. 1, s. 36.

37 (1) Upon receiving the environmental-assessment report, an administrator shall examine it or cause it to be examined to determine whether it adheres to the terms of reference.

(2) Where the environmental-assessment report is deficient in any respect, an administrator shall notify the proponent, in writing, and may require the proponent to conduct such further work or provide such further information as may be necessary to complete the report.

(3) Where the environmental-assessment report is acceptable, an administrator shall so notify the proponent, in writing. 1994-95, c. 1, s. 37.

38 (1) Upon receiving an environmental-assessment report, and before approving or rejecting an undertaking pursuant to Section 40, the Minister

(a) shall release the environmental-assessment report to interested persons and the public generally;

(b) shall refer the environmental-assessment report to the Board on Class II undertakings as defined in the regulations;

(c) may refer the environmental-assessment report to the Board on Class I undertakings as defined in the regulations;

(d) may refer all or part of an undertaking to alternate dispute resolution;

(e) may give directions regarding the scope of a review to be conducted by the Board or by alternate dispute resolution.

(2) On Class I undertakings not referred to the Board or to alternate dispute resolution, the Minister may approve the undertaking, reject the undertaking or approve the undertaking with conditions.

(3) The Minister shall notify the proponent, in writing, of the decision pursuant to subsection (2), together with reasons for the decision, within the time period prescribed by the regulations. 1994-95, c. 1, s. 38.

39 (1) Upon receiving a referral from the Minister pursuant to Section 38, the Board shall conduct a public hearing or review and submit a report and make a recommendation to the Minister to approve the undertaking, reject the undertaking or approve the undertaking with conditions.

(2) Upon receiving a recommendation from the Board, the Minister shall approve the undertaking, reject the undertaking or approve the undertaking with conditions.

(3) The Minister shall notify the proponent, in writing, of the decision pursuant to subsection (2), together with reasons for the decision, within the time period prescribed by the regulations. 1994-95, c. 1, s. 39.

40 (1) Upon receiving information under Section 34, a focus report under Section 35, an environmental-assessment report under Section 38, a recommendation from the Board under Section 39 or from a referral to alternate dispute resolution, the Minister may

(a) approve the undertaking;

(b) approve the undertaking, subject to any conditions the Minister deems appropriate; or

(c) reject the undertaking.

(2) The Minister shall notify the proponent, in writing, of the decision pursuant to subsection (1), together with reasons for the decision, within the time period prescribed by the regulations. 1994-95, c. 1, s. 40.

41 Where approval for an undertaking has been given to a proponent pursuant to this Part, the Minister shall require the proponent to

(a) carry out environmental monitoring and rehabilitation studies and programs in order to determine the effect of mitigation measures;

(b) remediate the affected environment to a level acceptable to the Minister. 1994-95, c. 1, s. 41.

41A (1) The Minister may only amend a term or condition of an environmental assessment approval

(a) upon the request of the approval holder, if the Minister considers it appropriate to do so;

(b) if an adverse effect or an unacceptable environmental effect has occurred or may occur;

(c) if the term or condition relates to

(i) a monitoring or reporting requirement, or

(ii) a standard; or

(d) to correct a typographical error.

(2) The Minister shall give notice in writing, together with reasons, to the approval holder at least thirty days in advance of making an amendment pursuant to subsection (1). 2006, c. 30, s. 14.

41B (1) No person shall transfer, sell, lease, assign or otherwise dispose of an environmental assessment approval under this Part without the written consent of the Minister.

(2) The Minister may impose any terms or conditions that the Minister considers appropriate in respect of the transfer, assignment or other disposition of an environmental assessment approval.

(3) A consent pursuant to subsection (1) shall be given within sixty days of the receipt of an application or request, unless the Minister notifies the applicant otherwise, in writing, within ten days of receipt of the application or request. 2006, c. 30, s. 14.

42 (1) There is hereby established the Nova Scotia Environmental Assessment Board.

(2) The Board shall conduct public hearings or reviews and carry out the other functions assigned to the Board by this Act or as may be prescribed by the regulations.

(3) The Board consists of a Chair and such other members, not exceeding five, as are appointed by the Governor in Council in accordance with the regulations.

(4) Upon the recommendation of the Chair, the Minister may appoint persons who are not members of the Board to sit on a panel to conduct a public hearing or review pursuant to this Part.

(5) Any public hearing or review conducted pursuant to this Part shall be conducted by a panel at least one member of which shall be a member of the Board who shall act as the panel chair or co-chair. 1994-95, c. 1, s. 42.

43 The Board shall

(a) review an environmental-assessment report with respect to an undertaking referred to the Board by the Minister in accordance with the directions of the Minister;

(b) consult with the public in accordance with this Act;

(c) recommend to the Minister the approval or rejection of an undertaking, or conditions that ought to be imposed upon an undertaking if it proceeds; and

(d) perform such other functions and exercise such powers as may be assigned to or conferred upon the Board by the Governor in Council or the Minister. 1994-95, c. 1, s. 43.

44 (1) In reviewing an environmental-assessment report pursuant to Section 43, the Board shall consult with the public by inviting written submissions from the public, by conducting a public hearing or review or in such other manner as determined by the Board.

(2) A public hearing or review conducted pursuant to subsection (1) shall be conducted in accordance with the regulations.

(3) For the purpose of any public hearing or review conducted pursuant to subsection (1), the Board may

(a) administer oaths to witnesses and require the witnesses to give evidence under oath;

(b) issue summonses requiring the attendance of witnesses and the production of documents and things;

(c) pay witnesses summonsed to give evidence before the Board. 1994-95, c. 1, s. 44.

45 The Minister may require a proponent to obtain any municipal approval, permit or other authorization required at the time of registration pursuant to this Part before the Minister approves or rejects the undertaking. 1994-95, c. 1, s. 45.

46 This Part does not exempt the proponent of any undertaking, whether or not the proponent has submitted an environmental-assessment report, from the requirements of any other enactment or other provision of this Act. 1994-95, c. 1, s. 46.

47 (1) Where an undertaking is also subject to the environmental assessment or other review requirements of a municipality, Her Majesty in right of Canada, another province of Canada or another review process of the Government, the Minister may enter into an agreement with the other government, Government agency or municipality in order to

(a) determine what aspects of the undertaking are governed by the laws of the respective governments;

(b) provide for the carrying out of

(i) the environmental assessment in whole or in part for the purpose of this Part, or

(ii) the review of the undertaking under any enactment;

(c) adopt for the purposes of the review

(i) all or part of the procedures for environmental assessment or other review,

(ii) reports and similar documents prepared by or under the authority of any enactment as part of the environmental assessment or other review;

(d) determine what issues shall be addressed in the assessment or review; and

(e) delegate the Minister's administrative responsibilities under this Part to the other government, Government agency or municipality, or accept the delegation of these responsibilities.

(2) Subject to subsection (3), the Minister, when negotiating an agreement pursuant to subsection (1), may vary the environmental-assessment administrative requirements of this Part.

(3) An agreement entered into pursuant to this Section shall stipulate time limitations for various stages of the assessment. 1994-95, c. 1, s. 47; 2006, c. 30, s. 15.

48 Notwithstanding any other enactment, where an undertaking is subject to a municipal hearing, or a hearing under another review process of the Government, the Minister may enter into an agreement with the other party to provide for a single hearing process for the undertaking and the issues to be addressed at the single hearing. 1994-95, c. 1, s. 48.

49 (1) The Governor in Council may make regulations

(a) designating an undertaking or any class of undertakings to which this Part applies;

(b) prescribing when an undertaking shall be registered and the information to be provided in an environmental assessment registration document;

(c) prescribing terms of reference to be contained in a notice respecting an undertaking;

(d) prescribing terms of reference for the preparation of a focus report or an environmental-assessment report;

(e) respecting public consultation during the environmental assessment process;

(f) respecting the format of any report;

(g) establishing criteria for the examination of proposed undertakings in order to determine whether an environmental-assessment report is required;

(h) respecting the reference of any matter related to an environmental assessment of an undertaking or aspects of an undertaking to alternate dispute resolution;

(i) respecting procedures for alternate dispute resolution;

(j) prescribing periods of time within which the Minister or other persons must perform certain duties pursuant to this Part;

(k) prescribing duties and procedures to be followed by the Board;

(l) respecting public hearings and reviews by the Board;

(m) respecting remuneration for members of the Board and experts retained by the Board;

(n) exempting any person, class of persons, undertaking or class of undertakings from this Part;

(o) respecting a time period during which a proponent can act upon the approval of an undertaking;

(p) respecting the requirements, design and implementation of environmental monitoring and rehabilitation programs;

(q) respecting class environmental assessments;

(r) respecting assessments under other enactments carried out jointly with an environmental assessment under this Act;

(ra) respecting the designation of undertakings for the purpose of class environmental assessments;

(rb) respecting the amendment of environmental assessment registrations and the terms and conditions of such amendments;

(rc) respecting the environmental assessment process;

(s) generally, respecting any matter necessary or advisable to effectively carry out the intent and purpose of this Part.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 1994-95, c. 1, s. 49; 2006, c. 30, s. 16.

50 (1) No person shall knowingly commence or continue any activity designated by the regulations as requiring an approval unless that person holds the appropriate approval.

(2) No person shall commence or continue any activity designated by the regulations as requiring an approval, unless that person holds the appropriate approval. 1994-95, c. 1, s. 50.

51 Nothing in Section 50 prohibits the commencement of work that, in the opinion of the Minister or according to the regulations, is work that is permitted to enable a proponent to comply with Part IV. 1994-95, c. 1, s. 51.

52 (1) Where the Minister is of the opinion that a proposed activity should not proceed because it is not in the public interest having regard to the purpose of this Act, the Minister may, at any time, decide that no approval be issued in respect of the proposed activity if notice is given to the proponent, together with reasons.

(2) When deciding, pursuant to subsection (1), whether a proposed activity should proceed, the Minister shall take into consideration such matters as whether the proposed activity contravenes a policy of the Government or the Department, whether the location of the proposed activity is unacceptable or whether adverse effects from the proposed activity are unacceptable. 1994-95, c. 1, s. 52.

53 (1) An application for an approval shall be made in a form prescribed by the Minister and accompanied by the information stipulated by the Minister.

(2) The Minister may require an applicant for an approval to submit any additional information the Minister considers necessary.

(3) Where the Minister considers an application to be incomplete, the application shall not be processed until the information required is submitted.

(4) The Minister may require, as part of an application for an approval, that an applicant obtain any municipal approval, permit or other authorization that is required at the time of the application made pursuant to this Part.

(5) The Minister shall require, as part of an application for an approval respecting an underground mine, that an applicant obtain written confirmation from the Executive Director of the Occupational Health and Safety Division of the Department of Labour that

(a) the applicant has provided the Executive Director with sufficient information to comply with the filing requirements of the Underground Mining Regulations in respect of the proposed underground mine; and

(b) that a review of the information provided pursuant to the Underground Mining Regulations has not revealed any apparent violation of the Occupational Health and Safety Act or regulations made pursuant to that Act. 1994-95, c. 1, s. 53; 1999 (2nd Sess.), c. 12, s. 76.

54 (1) On receipt of a completed application, the Minister shall acknowledge receipt of the application.

(1A) For greater certainty, an application respecting an approval for an underground mine is not a completed application until the written confirmation required by subsection 53(5) has been submitted.

(2) A decision on the application shall be made within sixty days of the receipt of the completed application unless the Minister notifies the applicant otherwise in writing within ten days of receipt of the completed application. 1994-95, c. 1, s. 54; 1999 (2nd Sess.), c. 12, s. 76.

55 (1) No person shall, in any manner, change an activity that is the subject of an approval in a manner that will result, or may result, in an adverse effect unless an approval or an amendment to an approval authorizing the change is issued by the Minister.

(2) A person who wishes to change an activity under subsection (1) shall apply to the Minister.

(3) Subsection (1) does not apply to adjustments, repairs, replacements or maintenance made in the normal course of operations. 1994-95, c. 1, s. 55.

56 (1) The Minister may issue or refuse to issue an approval.

(1A) Without restricting the generality of subsection (1), the Minister shall refuse to issue an approval if the written confirmation required by subsection 53(5) has not been submitted.

(2) The Minister may issue an approval subject to any terms and conditions the Minister considers appropriate to prevent an adverse effect.

(3) Without restricting the generality of subsection (2), the Minister may require rehabilitation plans, implementation schedules and security from the approval holder.

(4) In environmentally sensitive areas, the terms and conditions of an approval may be more stringent, but may not be less stringent, than applicable terms and conditions provided in the regulations, policies, guidelines or standards prescribed or adopted by the Department. 1994-95, c. 1, s. 56; 1999 (2nd Sess.), c. 12, s. 76.

57 (1) Any person who seeks an approval, a certificate of qualification or certificate of variance under this Act to carry out any activity or undertaking shall provide financial or other security in respect of the activity or undertaking as required by the Minister or by the regulations.

(2) The Minister may determine the manner in which, and the conditions under which, any security that is deposited by an approval holder, the holder of a certificate of qualification or a certificate of variance may be forfeited or returned, in whole or in part. 1994-95, c. 1, s. 57.

58 (1) On application by an approval holder, the Minister may amend a term or condition of, add a term or condition to, or delete a term or condition from an approval, if the Minister considers it appropriate to do so.

(2) It is a condition of every approval that the Minister may only amend a term or condition of, add a term or condition to or delete a term or condition from an approval

(a) if an adverse effect has occurred or may occur;

(b) for the purpose of addressing matters related to a temporary suspension of the activity by the approval holder;

(c) if the term or condition relates to

(i) a monitoring or reporting requirement, or

(ii) a standard; or

(d) to correct a typographical error.

(2A) The Minister may cancel or suspend an approval

(a) for breach or default of the approval;

(b) if new or corrected information respecting an adverse effect is brought to the attention of the Minister; or

(c) if an approval is no longer required under this Act.

(3) The Minister shall give notice in writing, together with reasons, to the approval holder at least thirty days in advance of making an amendment, addition or deletion pursuant to subsection (2).

(4) The Minister shall forthwith on cancellation or suspension of an approval pursuant to subsection (2A) give notice, in writing, together with reasons, of the cancellation or suspension to the approval holder. 1994-95, c. 1, s. 58; 2006, c. 30, s. 17.

59 (1) No person shall transfer, sell, lease, assign or otherwise dispose of an approval without the written consent of the Minister.

(2) A consent pursuant to subsection (1) shall be given within sixty days of the receipt of an application or request, unless the Minister notifies the applicant otherwise, in writing, within ten days of receipt of the application or request.

(3) The Minister may impose any terms or conditions that the Minister considers appropriate in respect of the transfer, assignment or other disposition of an approval. 1994-95, c. 1, s. 59; 2006, c. 30, s. 18.

60 An approval holder shall forthwith submit to the Minister any new and relevant information respecting any adverse effect that actually results or may potentially result from the activity to which the approval relates that comes to the attention of the approval holder after the issuance of the approval. 1994-95, c. 1, s. 60.

61 (1) An approval holder and any person acting on behalf of the approval holder may apply to the Minister for a certificate of variance to vary a term or condition of the approval or a requirement of the regulations.

(2) The Minister may issue a certificate of variance if the Minister considers that the proposed variance is not likely to cause an adverse effect and shall advise the approval holder of the decision.

(3) The Minister may

(a) impose any term or condition that the Minister considers appropriate with respect to any certificate of variance;

(b) specify requirements as to the manner in which the activity to which the certificate of variance relates is to be carried out or operated; or

(c) amend a term or condition of, add a term or condition to, or delete a term or condition from a certificate of variance.

(4) A certificate of variance is in effect only during the period prescribed and, notwithstanding anything contained in this Act, during that period the terms and conditions of the approval or the requirements of the regulations that are not varied by the certificate apply to the activity to which the certificate relates. 1994-95, c. 1, s. 61; 2006, c. 30, s. 19.

62 No person shall commence or continue any activity or the use of any thing that is designated by the regulations as an activity or thing in respect of which a certificate of qualification is required unless that person holds the appropriate certificate of qualification. 1994-95, c. 1, s. 62.

63 (1) Application for a certificate of qualification shall be made to the Minister in accordance with the regulations.

(2) The Minister may require an applicant for a certificate of qualification to submit any additional information the Minister considers necessary. 1994-95, c. 1, s. 63.

64 (1) The Minister may issue or refuse to issue a certificate of qualification in accordance with the regulations.

(2) The Minister may issue a certificate of qualification subject to any terms and conditions considered appropriate.

(3) A certificate of qualification is valid for the term prescribed in the regulations. 1994-95, c. 1, s. 64.

65 (1) The Minister may

(a) amend a term or condition of, add a term or condition to, or delete a term or condition from a certificate of qualification if the Minister considers it appropriate to do so;

(b) cancel or suspend a certificate of qualification if the Minister considers it appropriate to do so;

(c) correct a typographical error in a certificate of qualification; or

(d) cancel a certificate of qualification on application by the holder of the certificate of qualification.

(2) The Minister shall give notice in writing, together with reasons, to the holder of a certificate of qualification at least thirty days in advance of making an amendment, addition or deletion pursuant to clause (1)(a).

(3) The Minister shall forthwith on cancellation or suspension of a certificate of qualification pursuant to clause (1)(b) give notice, in writing, together with reasons, of the cancellation or suspension to the holder of the certificate of qualification. 1994-95, c. 1, s. 65; 2006, c. 30, s. 20.

65A (1) The Minister may issue a temporary approval to the owner of a designated activity who is operating without an approval as required by this Act or the regulations.

(2) A temporary approval issued pursuant to subsection (1) shall contain the terms and conditions and the dates for compliance that must be followed by the owner to whom the temporary approval was issued.

(3) Where the owner to whom the temporary approval was issued does not fully comply with all the terms or conditions or time requirements of the temporary approval, the temporary approval is void.

(4) The Governor in Council may make regulations

(a) respecting temporary approvals;

(b) defining any word or expression used but not defined in this Section;

(c) the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Section. 2006, c. 30, s. 21.

66 (1) The Governor in Council may make regulations

(a) designating activities or any class of activities for which an approval or certificate of qualification is required, and specifying the kind of approval or certification of qualification required;

(b) respecting procedures related to the issuance of an approval or a certificate of qualification, including prescribing the length of time for which approvals and certificates of qualification may be issued and permitting an approval or certificate of qualification to be issued for a shorter period of time than prescribed in the regulations;

(c) governing and prohibiting any activity or the use of any thing for the purpose of the protection of the environment, including regulations governing the design, construction, maintenance or use of the activity or thing;

(d) governing and prohibiting the manufacture, sale or use of any equipment, device or service designed or provided for any purpose related to the protection of the environment;

(e) respecting security under Section 57;

(ea) respecting the establishment and administration of any board governing the oversight of persons with certificates of qualification;

(f) generally, respecting any matter necessary or advisable to effectively carry out the intent and purpose of this Part.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 1994-95, c. 1, s. 66; 2006, c. 30, s. 22.

67 (1) No person shall knowingly release or permit the release into the environment of a substance in an amount, concentration or level or at a rate of release that causes or may cause an adverse effect, unless authorized by an approval or the regulations.

(2) No person shall release or permit the release into the environment of a substance in an amount, concentration or level or at a rate of release that causes or may cause an adverse effect, unless authorized by an approval or the regulations. 1994-95, c. 1, s. 67; 2006, c. 30, s. 23.

68 (1) No person shall knowingly release or permit the release of a substance into the environment in an amount, concentration or level or at a rate of release that is in excess of that expressly authorized by an approval or the regulations.

(2) No person shall release or permit the release of a substance into the environment in an amount, concentration or level or at a rate of release that is in excess of that expressly authorized by an approval or the regulations. 1994-95, c. 1, s. 68.

69 (1) Any person responsible for the release of a substance into the environment that has caused, is causing or may cause an adverse effect, shall forthwith, as soon as that person knows or ought to know of the release, report it to

(a) the Department at its emergency telephone number;

(b) the owner of the substance, where applicable, if the person reporting knows or is readily able to ascertain the identity of the owner;

(c) the person having care, management or control of the substance, where applicable, if the person reporting knows or is readily able to ascertain the identity of that person; and

(d) any other person who the person reporting knows or ought to know may be directly affected by the release.

(2) Any person responsible for the release of a substance into the environment that is in excess of an amount, concentration, level or rate of release expressly authorized by an approval or regulations, shall forthwith, as soon as that person knows or ought to know of the release, report it in the manner prescribed in the approval or the regulations, as the case may be, to the persons identified in clauses (1)(a) to (d). 1994-95, c. 1, s. 69.

70 (1) Any person responsible who voluntarily provides the Department with detailed information obtained through an environmental audit or environmental-site assessment about non-compliance with the requirements of this Act by that person, shall not be prosecuted for the non-compliance, if the person complies with

(a) the terms of any agreement negotiated by the Minister and the person; or

(b) any order issued under Part XIII to address the non-compliance by the person.

(2) Subsection (1) does not apply if the Department is independently aware of the non-compliance prior to receiving the information from the person. 1994-95, c. 1, s. 70.

71 Any person responsible for the release of a substance under this Part shall, at that person's own cost, and as soon as that person knows or ought to have known of the release of a substance into the environment that has caused, is causing or may cause an adverse effect,

(a) take all reasonable measures to

(i) prevent, reduce and remedy the adverse effects of the substance, and

(ii) remove or otherwise dispose of the substance in such a manner as to minimize adverse effects;

(b) take any other measures required by an inspector or an administrator; and

(c) rehabilitate the environment to a standard prescribed or adopted by the Department. 1994-95, c. 1, s. 71.

72 (1) Where an inspector or an administrator is of the opinion that

(a) a release of a substance into the environment may occur, is occurring or has occurred; and

(b) the release may cause, is causing or has caused an environmental emergency,

the inspector or administrator may take such emergency measures prescribed in the regulations that the inspector or administrator considers necessary to prevent, reduce and remedy the adverse effects.

(2) Subsection (1) applies whether or not the release of the substance into the environment is or was expressly authorized by, and is or was in compliance with, an approval or the regulations. 1994-95, c. 1, s. 72.

73 The Minister may

(a) classify releases for the purpose of this Part and exempt any release or any class of release from the application of this Part and attach terms and conditions to any such exemption;

(b) prescribe the concentration, amount, level and rate, including the maximum concentration, amount, level and rate of a substance that may be released into the environment;

(ba) establish procedures respecting the conducting of sampling, analysis, tests, measurements or monitoring of substances;

(c) determine the manner in which a report of a release of a substance is to be made and the contents of the report. 1994-95, c. 1, s. 73; 2006, c. 30, s. 24.

74 (1) The Governor in Council may make regulations

(a) respecting release reporting under Section 69;

(b) respecting environmental-site assessments and environmental audits provided pursuant to Section 70;

(c) respecting remediation measures under Section 71;

(d) respecting emergency measures taken under Section 72, including acceptable qualifications for emergency respponders;

(e) generally, respecting any matter necessary or advisable to effectively carry out the intent and purpose of this Part.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 1994-95, c. 1, s. 74; 2006, c. 30, s. 25.

75 Unless authorized under this Part or regulations made pursuant to this Part, a person who handles dangerous goods, waste dangerous goods or pesticides shall do so in a manner that ensures that the dangerous goods, waste dangerous goods or pesticides do not cause an adverse effect to the environment. 1994-95, c. 1, s. 75.

76 Subject to the regulations, no person shall sell or distribute any crop, food, feed, animal, plant, water, produce, product or other matter that

(a) contains dangerous goods, waste dangerous goods or a pesticide in excess of the permissible concentrations as established by this Act, the Food and Drug Act (Canada) or the Pest Control Products Act (Canada); or

(b) the person knows or ought reasonably to know has been contaminated by dangerous goods, waste dangerous goods or pesticides in excess of permissible concentrations as established by this Act, the Food and Drug Act (Canada) or the Pest Control Products Act (Canada). 1994-95, c. 1, s. 76.

77 The Minister shall undertake research and adopt policies, programs and strategies to find alternatives to the use of dangerous goods and pesticides and to reduce the production of waste dangerous goods and pesticides. 1994-95, c. 1, s. 77.

78 (1) The Minister may

(a) stipulate the quantity or concentration of dangerous goods or waste dangerous goods that may be released into the environment, either alone or in combination with any other substance from any source;

(b) stipulate the manner and conditions under which dangerous goods or waste dangerous goods may be released into the environment, either alone or in combination with any other substance;

(c) establish procedures respecting the conducting of sampling, analyses, tests, measurements or monitoring of dangerous goods or waste dangerous goods and the submission of the results to the Minister;

(d) establish procedures requiring and respecting the submission of samples of dangerous goods or waste dangerous goods to the Minister.

(2) The Minister may direct a person responsible for dangerous goods or waste dangerous goods to

(a) take specified precautions regarding the handling of dangerous goods or waste dangerous goods;

(b) handle dangerous goods or waste dangerous goods in accordance with specified terms and conditions;

(c) remove dangerous goods or waste dangerous goods from a specified location;

(d) take dangerous goods or waste dangerous goods to a specified location;

(e) take specified precautions with respect to the treatment or decontamination of a place affected by dangerous goods or waste dangerous goods;

(f) take specified precautions with respect to the future use of a place affected by dangerous goods or waste dangerous goods;

(g) undertake, in respect of dangerous goods or waste dangerous goods, investigations, tests, surveys or other action and report the results to the Minister;

(h) prepare and submit to the Minister a written contingency plan respecting the handling of dangerous goods or waste dangerous goods. 1994-95, c. 1, s. 78.

79 (1) Subject to subsection (2), no person shall

(a) sell, distribute, use, apply, handle, store or transport a pesticide;

(b) operate or clean any machinery, equipment, vehicle, aircraft or vessel used in connection with the sale, distribution, use, application, handling, storage or transportation of a pesticide; or

(c) use or clean a pesticide container,

except in accordance with the regulations and the label filed with the certificate of registration for that pesticide.

(2) Where there is a conflict between any applicable provision of a regulation and the provision on the label referred to in subsection (1), the most stringent provision prevails.

(3) No person shall dispose of a pesticide, a mixture containing a pesticide, a thing that is treated or contaminated with a pesticide or a container that has been used to hold a pesticide in a manner other than the manner prescribed in the regulations. 1994-95, c. 1, s. 79.

80 (1) In this Section, Federal Regulatory Authority includes, but is not limited to, the Minister of Agriculture for Canada, and includes Acts and regulations within the jurisdiction of that Minister.

(2) Crops used for pesticide research shall be destroyed or otherwise prevented from direct or indirect entry into food-marketing channels, unless otherwise approved by Health Canada.

(3) Pesticide research is subject to all requirements of the Federal Regulatory Authority.

(4) A person conducting pesticide research in the Province shall notify the Department before commencing the pesticide research and shall provide the Department with such information as the Minister considers necessary.

(5) The Minister may give additional directions to a person to whom a pesticide research permit is issued by the Federal Regulatory Authority. 1994-95, c. 1, s. 80.

81 The Minister

(a) shall develop, co-ordinate and enforce policies, planning and programs respecting integrated pest management and alternatives to the use of pesticides;

(b) may make grants and loans for research related to pesticides and integrated pest management and the control of pests in such amounts and on such terms and conditions as the regulations prescribe. 1994-95, c. 1, s. 81.

82 In Sections 83 and 84, "motive fuel" means any petroleum product used to power a vehicle, aircraft or vessel and includes gasoline and diesel oil but does not include kerosene or fuel oil. 1994-95, c. 1, s. 82.

83 (1) No person shall store or sell as a retailer, wholesaler or wholesaler-retailer any motive fuel or fuel oil from

(a) a terminal, bulk plant, bulk station or other facility operated in the Province by a wholesaler of motive fuel or fuel oil;

(b) a motive fuel or fuel oil outlet operated by that person; or

(c) any other facility,

unless that person holds a valid approval.

(2) No retailer shall sell or store motive fuel or fuel oil unless

(a) the motive fuel or fuel oil is purchased from a wholesaler who holds a valid approval; or

(b) that person is a wholesaler-retailer who holds a valid approval. 1994-95, c. 1, s. 83.

84 (1) The Governor in Council may make regulations

(a) designating dangerous goods and waste dangerous goods, and classifying dangerous goods and waste dangerous goods;

(b) respecting the places where dangerous goods, waste dangerous goods or pesticides may be released into the environment;

(c) respecting the quantity or concentration of dangerous goods, waste dangerous goods or pesticides that may be handled;

(d) respecting the purposes for which dangerous goods, waste dangerous goods or pesticides or a product containing dangerous goods, waste dangerous goods or pesticides may be handled;

(e) regulating or prohibiting the handling of dangerous goods, waste dangerous goods or pesticides, and containers holding dangerous goods, waste dangerous goods or pesticides;

(f) respecting the sale or distribution of items referred to in Section 76;

(g) requiring and respecting the submission of information including manifests relating to dangerous goods, waste dangerous goods or pesticides to the Minister;

(h) requiring manufacturers, distributors or sellers to recall products or materials containing dangerous goods, waste dangerous goods or pesticides;

(i) governing signs, markings or other identification to be used for public notification;

(j) respecting the use, operation and cleaning of vehicles, aircraft, vessels, machinery, equipment and containers used in connection with the handling of dangerous goods, waste dangerous goods or pesticides;

(k) determining, in the case of any fluid or substance, whether or not that fluid or substance is motive fuel or fuel oil;

(l) prescribing the conditions under which an approval holder may purchase, receive, sell or deliver motive fuel or fuel oil;

(m) prescribing the safety requirements which may apply to this Part;

(n) designating organizations to test equipment and train persons who handle motive fuel or fuel oil according to standards or specifications established or approved by the Minister;

(o) approving equipment or any type of equipment used by an approval holder;

(p) prescribing grades of motive fuel and associated products and providing for the identification thereof;

(q) specifying the books and records required to be maintained;

(r) prohibiting or restricting giving away merchandise to promote the sale of motive fuel or fuel oil;

(s) regarding the rights of approval holders to discharge security documents and leasing arrangements for wholesale and retail motive fuel and fuel oil outlets;

(t) generally, respecting any matter necessary or advisable to effectively carry out the intent and purpose of this Part.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 1994-95, c. 1, s. 84.

85 This Part applies regardless of when a substance became present over, in, on or under a contaminated site. 1994-95, c. 1, s. 85.

86 The Minister may enter into agreements and establish programs and other measures the Minister considers necessary to pay for the costs of restoring and securing contaminated sites and the environment affected by contaminated sites where a person responsible for the contaminated site cannot be identified or is unable to pay for the costs. 1994-95, c. 1, s. 86.

87 (1) Where the Minister is of the opinion that a substance that may cause, is causing or has caused an adverse effect is present in an area of the environment, the Minister may designate that area of the environment as a contaminated site.

(2) The Minister shall follow standards, criteria or guidelines established or adopted by the Department before making a designation pursuant to subsection (1).

(3) Subsection (1) applies notwithstanding that

(a) an administrative or enforcement remedy has been pursued under this Act or under any other law in respect of the contaminated site;

(b) the substance was released in accordance with this Act or any other law;

(c) the release of the substance was not prohibited under this Act; or

(d) the substance