BILL NO. 135

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
51 Elizabeth II, 2002

Private Member's Bill

Nature Reserves Protection Act

Robert L. Chisholm
Halifax Atlantic

First Reading: May 22, 2002

Second Reading:

Third Reading:

An Act to Enable the Establishment and
Protection of Nature Reserves in Nova Scotia

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Nature Reserves Protection Act.

2 The purpose of this Act is to provide for the identification, acquisition, designation, protection, maintenance, restoration, regulation, study, educational use and environmental appreciation of nature reserves that

(a) contain uncommon, rare, endangered or otherwise significant ecosystems, habitats, ecosites, communities, species or other botanical, zoological or geological phenomena;

(b) are significant natural areas with representative characteristics of the Province's distinct landscapes;

(c) serve as examples of ecosystems that have been modified and offer an opportunity to study the natural recovery of ecosystems from modification; or

(d) are suitable for scientific research or educational purposes,

while recognizing the precautionary principle 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 avoid or minimize the threat to a significant natural area or a nature reserve in the Province.

3 In this Act,

(a) "Committee" means the Nature Reserves Advisory Committee established pursuant to this Act;

(b) "Crown Lands Record Centre" means the land-record facilities maintained by the Registrar of Crown Lands pursuant to the Crown Lands Act;

(c) "Crown-owned land" means land owned by Her Majesty in right of the Province;

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

(e) "nature reserve" means an area of land designated as a nature reserve pursuant to this Act;

(f) "significant natural area" means an area that the Committee or the Minister has determined to be a significant natural area pursuant to this Act;

(g) "enforcement officer" means a conservation officer within the meaning of the Wildlife Act, a regional, town or municipal police officer, a member of the Royal Canadian Mounted Police or a person designated pursuant to this Act;

(h) "management plan" means a plan to guide the protection, management or use of all or part of a nature reserve, or of a specific action or activity therein;

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

(j) "vehicle" means a motor vehicle, whether or not it is registered pursuant to the Motor Vehicle Act, and includes an all-terrain vehicle, a snowmobile, a motorboat, a motor vessel and an aircraft, except where the context otherwise requires.

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

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

(3) For greater certainty, the persons referred to in subsections (1) and (2) are subject to a prosecution, an order and other remedies pursuant to this Act and the regulations.

5 (1) Where there is a conflict between this Act, or the regulations, and any other enactment or a municipal by-law, regulation or authorization, this Act and the regulations prevail.

(2) Nothing in this Act or the regulations affects any provision of any other enactment or municipal by-law, regulation or authorization relating to a nature reserve in so far as any such provision imposes additional or more stringent environmental-protection requirements than those contained in this Act and the regulations.

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

(2) Lands and water owned by Her Majesty in right of the Province and designated as nature reserves are under the administration and control of the Minister.

(3) The Minister may delegate in writing to any person or class of persons any of the duties, powers or functions of the Minister pursuant to this Act, except the powers and duties set out in this Section, subsections 10(4), 11(1) and (2), clause 15(4)(b) and Sections 20, 22, 48, 49 and 53 and shall, when so delegating, specify the powers, duties or functions to be exercised by the person or class of persons and any conditions imposed on the exercise of the powers or the performance of the duties or functions.

(4) The Minister may establish fees and prescribe forms for the provision, registration or filing of any information, documents, returns or reports, any application for processing or issuance of a licence or any inspection or investigation and services or materials provided in the course of the administration of this Act or the regulations.

7 (1) The Minister may enter into agreements relating to any matter coming within this Act or the regulations.

(2) For the purpose of this Act, the Minister may acquire by exchange, purchase gift, lease or other device any land or interest in land from any person and may accept the transfer of administration and control of land from the Government of Canada, a municipal government or any agency thereof.

8 Any employees necessary for the administration of this Act and the regulations shall be appointed in accordance with the Civil Service Act.

9 (1) There is hereby established the Nature Reserves Advisory Committee.

(2) The Committee shall be composed of

(a) the Chair, who must be a Provincial employee at the Department designated by the Minister; and

(b) five other members appointed by the Governor in Council who have relevant scientific qualifications and experience in fields pertinent to the purposes of the Act.

(3) The Chair appointed pursuant to clause (2)(a) may only vote in the event of a tie.

(4) The members appointed pursuant to clause (2)(b) shall be appointed for a term of not more than three years and may be re-appointed.

(5) Subject to this Act and the regulations, the Committee may establish its own rules and operating procedures.

(6) A member of the Committee may be paid such remuneration as the Minister determines, and shall be reimbursed as the Minister determines for reasonable travel and other expenses necessarily incurred in carrying out that member's duties.

10 (1) The Committee shall, taking into consideration any criteria established under any regulations, policies or guidelines made pursuant to this Act, evaluate and determine whether an area is a significant natural area of the Province and provide written reasons to the Minister to support the determination.

(2) A determination of the Committee made pursuant to subsection (1) requires the agreement of four of the five members appointed by the Governor in Council pursuant to clause 9(2)(b).

(3) The Committee shall, upon the request of the Minister,

(a) provide advice to the Minister respecting the protection of significant natural areas;

(b) provide advice to the Minister respecting designation, management, modification of a designation, or termination of a designation, of a nature reserve; and

(c) do any thing which the Minister may request respecting the provision of assistance to the Minister in the proper administration of this Act.

(4) Notwithstanding subsection (1), the Minister may determine that an area of the Province is a significant natural area if, in the opinion of the Minister, that determination is warranted to carry out the purpose of this Act.

(5) The Minister shall deposit documentation identifying the location of any land determined to be a significant natural area in the Crown Land Record Centre.

11 (1) Subject to subsections (4), (5) and (6), the Minister, with the approval of the Governor in Council, may on Crown-owned land or on privately owned land, including water and land covered with water, designate areas of the Province determined to be significant natural areas pursuant to this Act as nature reserves in perpetuity.

(2) Subject to subsections (4), (5) and (6), the Minister, with the approval of the Governor in Council, may alter the boundaries of a nature reserve in a manner that

(a) is consistent with an applicable management plan;

(b) provides for more effective management of its nature reserve; or

(c) provides increased protection for the nature reserve.

(3) Notwithstanding subsection (2), where

(a) a nature reserve is surveyed to more accurately identify the location of its boundaries; or

(b) there is a correction to an error or omission in the description of a nature reserve,

the Minister shall deposit a new description in the Crown Lands Record Centre in substitution for the previous description and the substituted description becomes description of the boundaries of the nature reserve for the purpose of this Act.

(4) Before acting pursuant to subsection (1) or (2), where the proposed designation or boundary alteration affects the application of another enactment, the Minister shall consult with persons responsible for the administration of that enactment.

(5) Before acting pursuant to subsection (1) or (2) in respect of Crown-owned lands, the Minister shall engage in such public consultation as the Minister considers appropriate.

(6) Before acting pursuant to subsection (1) or (2) in respect of privately owned land, the Minister shall obtain written consent to the designation from the registered owner of that land.

(7) After designating a nature reserve on privately owned land, the Minister shall provide notice, by registered mail, to the registered owner of that land.

(8) The registered designation is binding in perpetuity, upon the registered owner and all subsequent owners of the land, or any estate therein, and the occupier of the land and the successors of the occupier, subject to this Act and the regulations and any conditions specified in the written consent.

(9) For greater certainty, subject to any terms and conditions in the written consent to the designation of privately owned land as a nature reserve, the Act and the regulations apply to the privately owned land.

(10) Notice of designation of a nature reserve pursuant to subsection (1) or of a boundary alteration pursuant to subsection (2) or (3) and a copy of any relevant consent shall be

(a) registered as soon as practical in the registry of deeds office for the registration district in which the land is situated with a description of the nature reserve sufficient to identify its boundaries; and

(b) deposited as soon as practical in the Crown Lands Record Centre.

12 (1) The notice of designation of a nature reserve shall be published in one edition of the Royal Gazette and the effective date of the designation is the date of the publication of the designation in the Royal Gazette.

(2) The publication of the notice of designation in the Royal Gazette must contain a description of the nature reserve sufficient to identify its boundaries.

13 (1) Notwithstanding any enactment, the designation of a nature reserve shall not be terminated except by an Act of the Legislature.

(2) Subject to subsection 11(2) or (3), the size of a nature reserve shall not be reduced except by an Act of the Legislature.

(3) Notice of the termination of the designation or reduction in size of a nature reserve shall be registered as soon as practical in the registry of deeds for the registration district in which the land is situate and deposited as soon as practical in the Crown Land Records Centre.

14 (1) Within a nature reserve, no person shall

(a) acquire a mineral right or petroleum right;

(b) construct or develop an energy-resource development, including a hydro-electric or a water-resource development or associated impoundment;

(c) construct or develop transmission or distribution line, pipeline or tunnel;

(d) carry out forestry or aquaculture activities;

(e) carry out mineral or petroleum development, quarrying or mining;

(f) alter a watercourse;

(g) deposit any litter, refuse or contaminant;

(h) construct, maintain or operate a structure or facility, utility line or bridge except in accordance with the regulations;

(i) carry out agricultural activities;

(j) dump or deposit any waste, litter, garbage or refuse other than in containers provided for that purpose;

(k) alter the surface of the land except in accordance with clause (2)(a);

(l) enter or engage in an activity in a nature reserve if the Minister has ordered entry or activity restricted or prohibited;

(m) light or maintain a fire;

(n) create, construct, maintain or operate a road, railway, aircraft landing strip, or helicopter pad; or

(o) create a nuisance or act in a manner or do anything that may be or may cause a nuisance.

(2) Except as provided in a regulation, order, licence or management plan, within a nature reserve no person shall

(a) create, construct, maintain or operate a trail;

(b) introduce, remove, destroy or damage any natural object, flora or fauna, whether living or dead;

(c) remove, destroy or damage any object of scientific, historical, archaeological, cultural or palaeontological interest;

(d) introduce a substance or thing that may destroy or damage existing flora, fauna or ecosystems;

(e) carry on any activity that is restricted or prohibited by the regulations;

(f) kill, injure, possess, disturb, take or interfere with any flora or fauna or attempt to do the same;

(g) carry on any ecological research or geological research without a licence issued pursuant to Section 17;

(h) use or operate a vehicle, bicycle or use a pack animal;

(i) camp, tent or occupy the land; or

(j) fish, hunt, or trap.

(3) No person shall possess for sale, offer for sale, sell, buy, trade or barter any natural object, flora or fauna or any object of scientific, historic, archaeological, cultural or palaeontological interest, or any part thereof, from a nature reserve.

15 (1) The Minister may develop a management plan for a nature reserve.

(2) A management plan may be revised by the Minister from from time to time.

(3) The Minister shall engage in such public consultation as the Minister considers appropriate in the development and revision of any management plan for nature reserves on Crown-owned land.

(4) Notwithstanding clauses 14(1)(h) and (2)(a), the Minister may

(a) develop, designate, and manage trails in a nature reserve; and

(b) construct, manage, and maintain such structures and facilities in a nature reserve as are, in the opinion of the Minister, required for the management or use of the reserve in accordance with the purpose of this Act.

16 The Minister may undertake or provide for environmental, educational, and natural history interpretation in a nature reserve and, where these are undertaken or provided for, shall do so in a manner consistent with this Act, the regulations and any applicable management plan.

17 (1) The Minister may issue a licence authorizing ecological research or non-intrusive geological research within a nature reserve.

(2) The Minister may issue the licence subject to terms and conditions.

(3) Terms and conditions specified pursuant to (2) may allow the licence holder to carry out activities necessary to the research that would otherwise be prohibited by Section 14 if these activities do not contribute to the degradation of the nature reserve.

(4) A person applying for a licence shall submit such information as may be required to evaluate the proposed activity.

(5) Where research is proposed to be conducted in a nature reserve on privately owned land, the proponent must obtain written consent from the owner before undertaking the research.

(6) The Minister may cancel, revoke or suspend the licence at any time.

18 The Minister shall file, in the environmental registry established pursuant to the Environment Act, a copy of

(a) licences issued, and orders and decisions made, pursuant to this Act or the regulations;

(b) descriptions of nature reserves designated pursuant to this Act;

(c) descriptions of nature reserves changed by any actions taken pursuant to subsection 11(2);

(d) any management plans prepared for a nature reserve and any revised management plans;

(e) policies, programs, standards, codes of practice, guidelines, objectives, plans, directives and approval processes established pursuant to this Act or the regulations;

(f) convictions, penalties and other enforcement actions brought pursuant to this Act or the regulations;

(g) documents identifying the location of any land determined to be a significant natural area;

(h) information or documents required by the regulations to be included in the environmental registry; and

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

19 The Minister may carry out, or authorize the carrying out of, activities within a nature reserve, including activities that would otherwise be prohibited by Section 14, for the responsible management of the reserve, including the preservation or restoration of indigenous biodiversity, the protection of the environment, property and the health or safety of humans and the suppression of forest fires.

20 (1) The Minister may make an order restricting or prohibiting entry into or the engaging in of activities in a significant natural area or a nature reserve for a period not exceeding ninety days or such longer period agreed to by the owner of the land.

(2) The Minister may make an order temporarily allowing the carrying out of activities prohibited by subsection 14(2).

21 Section 14 does not apply to an enforcement officer, an employee of the Department or any other person to whom a delegation has been made pursuant to subsection 6(3), while performing that person's duties, if the activity in which the person is engaged is necessary for the performance of that person's duties.

22 Where

(a) privately owned land is surrounded by a

(b) there is no other lawful access by land to such privately owned land,

the Minister shall issue a licence to the owner of the land allowing for such limited access, with or without conditions, as the Minister considers appropriate and the access shall be carried out consistent with any applicable management plan.

23 (1) The Minister may place notices, plaques, markers, signs or other devices in a nature reserve indicating that the land is a reserve or indicating activities that are permitted, restricted or prohibited pursuant to this Act, the regulations or any applicable management plan.

(2) No person shall

(a) deface or remove a notice, plaque, marker, sign or other device posted in a nature reserve pursuant to this Act, the regulations or any applicable management plan; or

(b) post a notice, plaque, marker, sign or other device in a nature reserve other than pursuant to this Act, the regulations or any applicable management plan.

(3) Evidence that a notice, plaque, marker, sign or other device has been posted is prima facie proof that a notice, plaque, marker, sign or other device was posted pursuant to this Act, the regulations or any applicable management plan.

24 (1) A person who fails to comply with the terms and conditions of an order or licence issued pursuant to this Act or the regulations is guilty of an offence.

(2) The Minister shall endeavour to give notice of any order made pursuant to this Act or the regulations to those affected by the order by whatever method the Minister considers appropriate.

25 (1) Service of any notice required to be made pursuant to this Act or the regulations 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; or

(b) five days after a copy is sent by mail to the person to whom it is directed at the last-known address for that person.

(2) Where

(a) a person, upon whom service is required by this Act or the regulations to be made, cannot be identified; or

(b) the person's address is unknown,

service is sufficient if notice is affixed in a conspicuous place on the land affected by this Act or the regulations and a copy is delivered to any occupant of the land.

26 (1) Every person who contravenes this Act or the regulations is guilty of an offence and is liable, on summary conviction,

(a) in the case of a corporation, to a fine not exceeding one million dollars; or

(b) in the case of an individual, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term of not more than six months, or to both.

(2) Where a person is convicted of an offence pursuant to this Act or the regulations a second or subsequent time, the person is, notwithstanding subsection (1), liable to a fine not exceeding double the amount set out in that subsection.

(3) Where an offence pursuant to this Act or the regulations is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

(4) Where a person is convicted of an offence pursuant to this Act or the regulations and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence,

(a) the court may order the person to pay an additional fine in an amount equal to the court's estimation of the amount of the monetary benefits; and

(b) the additional fine is not limited by the maximum amount of any fine that may otherwise be imposed pursuant to this Act or the regulations.

27 (1) In a prosecution for an offence pursuant to this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused.

(2) Where a corporation commits an offence pursuant to this Act or the regulations, an officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the violation of this Act or the regulations is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted.

(3) Unless otherwise provided in this Act or the regulations, no person shall be convicted of an offence pursuant to this Act or the regulations if the person establishes that the person exercised all due diligence to prevent the commission of the offence.

28 (1) Where a person is convicted of an offence, the court may, in addition to any punishment imposed, order that anything seized by means of, or in relation to which, the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty in right of the Province.

(2) Where the court does not order a forfeiture pursuant to subsection (1), the thing seized, or the proceeds of its disposition, shall be returned to

(a) its lawful owner; or

(b) the person lawfully entitled to it,

if the possession of the thing seized would be lawful.

29 Where a fine is imposed on a person convicted of an offence, anything seized, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.

30 Where a person is convicted of an offence, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing one or more of the following prohibitions, directions or requirements:

(a) prohibiting the person from doing any act or engaging in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence;

(b) directing the person to take any action that the court considers appropriate to remedy any damage done to, or to prevent any adverse effects on, a nature reserve, that results from or may result from the commission of the offence;

(c) directing the person to pay to the Minister compensation, in whole or in part, for the cost of any remedial or preventive action taken by, or on behalf of, the Minister as a result of the commission of the offence;

(d) directing the person to post a bond or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement made pursuant to this Section.

31 (1) Where a court has made an order, the court may, on application by the offender or Her Majesty in right of the Province, require the offender to appear before it and, after hearing the offender and Her Majesty, may make an order

(a) changing the original order or the conditions specified in it;

(b) relieving the offender absolutely or partially from compliance with any or all of the order;

(c) reducing the period for which the original order is to remain in effect;

(d) extending the period for which the original order is to remain in effect for an additional period not to exceed one year.

(2) Before making an order pursuant to subsection (1), the court may direct that notice be given to any persons the court considers to be interested and the court may hear any such persons.

(3) Where an application made pursuant to this Section in respect of an offender has been heard by a court, no other application pursuant to this Section may be made with respect to the offender except with leave of the court.

32 (1) Proceedings by way of summary conviction in respect of an offence pursuant to this Act or the regulations may not be commenced more than two years after the later of

(a) the date on which the offence was committed; or

(b) the date on which evidence of the offence first came to the attention of an enforcement officer or the Minister, whichever occurs first.

(2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of evidence of the offence, is admissible without proof of the signature or official character of the individual appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matter certified.

33 (1) Enforcement officers are responsible for the enforcement of this Act and the regulations.

(2) The Minister may designate any person or class of persons having, in the opinion of the Minister, the qualifications and experience to act as enforcement officers for the purpose of this Act and the regulations.

(3) An enforcement officer, in carrying out duties pursuant to this Act and the regulations has the powers and authorities of a conservation officer under the Wildlife Act.

(4) The protections afforded to

(a) a conservation officer under the Wildlife Act;

(b) an inspector under the Environment Act; or

(c) a peace officer under any other enactment,

extend to an enforcement officer and to any other person while, and to the extent that, the person is in the course of assisting an enforcement officer.

34 No person shall

(a) obstruct;

(b) cause to obstruct;

(c) incite others to obstruct; or

(d) assault,

an enforcement officer while the conservation officer is exercising authority pursuant to this Act or the regulations or any person assisting that conservation officer.

35 Everyone who makes a false statement to an enforcement officer respecting

(a) the existence or the place of concealment or storage of any flora or fauna whether dead or alive, or the carcass of any fauna or any portion thereof; or

(b) a violation of this Act or the regulations,

is guilty of an offence.

36 For the purpose of enforcing this Act and the regulations, any vehicles used by an enforcement officer in the execution of the enforcement officer's duty may be equipped with such special equipment and markings as may be authorized by the Minister of Transportation and Public Works.

37 (1) It is an offence for any person to refuse or fail to comply with any order, visible signal or direction of any enforcement officer in uniform.

(2) Where an enforcement officer gives a direction to stop by means of a siren or audible signal, the driver of the vehicle that is directed to stop shall drive to a position as near as possible and parallel to the right-hand edge of the highway and shall stop and remain in that position until otherwise directed by the enforcement officer.

38 (1) Where a vehicle is operated in violation of this Act, the owner of the vehicle on the request of an enforcement officer shall, within forty-eight hours of the request, supply the enforcement officer with the name and address of the person in charge of the vehicle at the time of such violation.

(2) Where, pursuant to this Section, the owner of a vehicle, at the request of an enforcement officer, supplies the name of a person who had the vehicle with the consent of the owner, that person on the request of an enforcement officer shall, within forty-eight hours of the request, supply the enforcement officer with the name and address of the person operating the vehicle at the time of the violation.

(3) An owner or other person who is requested pursuant to this Section to supply the name and address of the person operating a vehicle and who refuses, fails, neglects or is unable to supply the name and address of the person operating the vehicle within forty-eight hours after being so requested is liable on summary conviction to a penalty prescribed for the offence of the operator.

(4) In any prosecution pursuant to this Section, it is a defence if the owner or the person who had the vehicle with the consent of the owner, as the case may be, can prove that the vehicle was being operated at the time of the violation without the knowledge or consent of the owner, either expressed or implied.

39 An enforcement officer may arrest without a warrant a person whom

(a) the enforcement officer finds committing an offence pursuant to the Act or the regulations; or

(b) on reasonable and probable grounds the enforcement officer believes is committing or has recently committed an offence pursuant to this Act or the regulations.

40 Every enforcement officer who has reasonable and probable grounds to believe a firearm, a bow or any flora, fauna or object, or part thereof, referred to in subsection 14(3) is being held or possessed in contravention of this Act or the regulations may, with a search warrant,

(a) enter and search any residence, camp or other structure; and

(b) seize such articles as may be found in contravention of this Act or the regulations.

41 Every enforcement officer who has reasonable and probable grounds to believe a firearm, a bow or any flora, fauna or object, or part thereof, referred to in subsection 14(3) is being possessed or held in contravention of this Act or the regulations may, without a warrant,

(a) stop, enter and search any air, land or water vehicle or vessel or conveyance of any other description for evidence of a violation of this Act or the regulations; or

(b) open and inspect any box, bag, parcel, barrel, container or other receptacle.

42 (1) An enforcement officer, in the discharge of the enforcement officer's duties, and any person accompanying the enforcement officer may enter upon and pass through privately owned land without being liable for trespass.

(2) A person entering upon privately owned land pursuant to subsection (1) is only liable for actual damages caused by such entry.

43 Every enforcement officer, may seize anything, including a vehicle or vessel, that the enforcement officer believes on reasonable and probable grounds may afford evidence of an offence pursuant to this Act or the regulations.

44 (1) Except as provided in this Act or the regulations, an enforcement officer who has seized property pursuant to this Act or the regulations may detain the same pending disposition of the prosecution.

(2) An enforcement officer may

(a) return the seized property to the person from whom it was seized or to whom it belongs before it is dealt with in the courts;

(b) in the case of any flora or fauna, dispose, in accordance with the discretion of the Minister, of any part of it that is not required as evidence; or

(c) in the case of any flora or fauna,

(3) Where any flora or fauna is delivered to another person, the Minister may assess the cost of keeping it in captivity to the owner or person in possession or both and that cost shall be paid on demand by the person assessed and is recoverable by the Minister as a debt due Her Majesty in right of the Province.

(4) Where any vehicle or vessel has been seized pursuant to this Act or the regulations, the registered owner or any person on the owner's behalf may file with the Minister a bond in favour of the Province that is executed by two personal sureties deemed satisfactory by the Minister or an approved guarantee or surety company and that is conditional on payment of all damages and costs that may be recovered against the accused, whereupon the Minister may release the seized property to the owner or the owner's agent upon payment to the Minister of all fees and expenses incurred in connection with the seizure and detention of the seized property.

45 (1) Where any property has been seized pursuant to this Act or the regulations, any person other than the person accused of an offence resulting in such seizure or the person in whose possession the property was when seized who claims an interest in it as owner, mortgagee, lien-holder or holder of any like interest may, within sixty days after such seizure, apply by notice in writing to a judge of the Supreme Court of Nova Scotia for an order declaring that the interest is not affected by such seizure.

(2) The judge shall fix a day not less than thirty days after the date of the filing of the application for the hearing thereof.

(3) The claimant shall serve notice of the application and of the hearing upon the Minister at least fifteen clear days before the day fixed for the hearing.

(4) Where, upon the hearing of an application, it is made to appear to the satisfaction of the judge that

(a) the claimant is innocent of any complicity in the offence resulting in such seizure or of any collusion with the offender in relation thereto; and

(b) the claimant exercised all reasonable care, in respect of the person permitted to obtain the possession of such property, to satisfy the claimant that it was not likely to be used contrary to this Act or the regulations or, if a mortgagee or lien-holder, the claimant exercised reasonable care with respect to the mortgagor or person giving the lien,

the claimant is entitled to an order that the claimant's interest is not affected by such seizure.

(5) The claimant or Her Majesty in right of the Province may appeal to the Nova Scotia Court of Appeal from an order of a judge given pursuant to this Section and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to that Court.

46 (1) Where a person charged with an offence pursuant to this Act or the regulations is acquitted, any seized property shall be returned.

(2) Notwithstanding subsection (1), where the seized property is flora or fauna, the Minister may return the item if it has not perished or pay such value for the item as is determined by the Minister.

(3) Where anything is seized pursuant to this Act and the regulations and the owner is unknown or cannot be ascertained or cannot be found within three months of the seizure, the Minister may direct that it be disposed of in any manner the Minister may see fit.

(4) The Minister shall not be liable for damages or costs for items wrongfully seized and detained if there were reasonable and probable grounds for the seizure.

47 (1) Except as provided in this Act or the regulations, Her Majesty in right of the Province shall not

(a) grant, deed, lease or otherwise dispose of lands that comprise a nature reserve; or

(b) grant any rights pursuant to any other statute including but not restricted to mining rights, fishing and game rights, forestry rights, and water rights, within a nature reserve pursuant to any enactment or other authority, whether under the administration of the Minister or not, and any grant purported to be made is null and void.

(2) For greater certainty, subsection (1) does not prevent an activity, or the licensing of an activity, authorized or permitted pursuant to this Act or the regulations.

48 Pre-existing rights granted by Her Majesty in right of the Province are extinguished after a nature reserve is designated, unless, in the opinion of the Minister, the exercise of the pre-existing right

(a) will not have a negative environmental impact on the nature reserve; or

(b) is in accordance with the terms and conditions provided for in the designation of the nature reserve or an applicable management plan.

49 (1) Subject to Section 56, where a significant natural area on privately owned land is subject to an order made pursuant to Section 20, the owner of the land may be awarded compensation by the Minister, with the approval of the Governor in Council, for the loss incurred as a result of a restriction or prohibition of a use of the land if that the owner of the land is actually making that particular use of the land when the use is prohibited or restricted.

(2) Where Crown-owned land is designated as a nature reserve, or where a significant natural area on Crown-owned land is subject to an order made pursuant to Section 20, the holder of an existing right or a pre-existing right may be awarded compensation by the Minister, with the approval of the Governor in Council, for fees, rentals and expenditures fairly and reasonably incurred by reason of any act or thing done pursuant to this Act or the regulations that has a detrimental effect on that person.

(3) No compensation shall be awarded pursuant to subsection (2) for

(a) loss of income or profit;

(b) loss of anticipated income, profit, products or opportunities; or

(c) the value of anything in, on or under the surface of any land.

(4) For greater certainty, notwithstanding the Expropriation Act, and in particular Section 4 thereof, or any enactment, no claim for compensation lies against Her Majesty in right of the Province by reason of any act or thing done pursuant to this Act or the regulations, except as provided pursuant to this Section.

(5) A decision pursuant to this Section is final and binding.

(6) Where a person makes a claim for compensation pursuant to subsection (1) or (2), the Minister

(a) shall require the person to provide

(b) may determine the form, manner in which and conditions and terms under which any compensation is awarded.

(7) Where a regulation or an order of the Minister controls, restricts or prohibits a use of, or a activity on, privately owned land, the regulation or order shall not in itself

(a) be considered a change in the use of the land for the purpose of the Assessment Act; or

(b) affect any exemption provided by the Assessment Act to which the land is subject at the time of the making of the regulation or order.

50 Notwithstanding Section 49, where a licence has been issued pursuant to Section 22 to a person who owns land completely surrounded by a nature reserve and reasonable access for the use of the land is not provided by the licence, the person is not precluded from making a claim for compensation pursuant to the Expropriation Act if that person can establish a right to compensation pursuant to that Act.

51 (1) Where a structure is on a nature reserve in respect of which there is not in effect a valid lease or permit issued pursuant to this or another Act or regulation or a structure is placed on a reserve by a person who is not the holder of a lease or permit issued pursuant to this or another Act or regulation, the Minister may, by written notice, require the person who erected or occupies or uses the structure to remove it from the reserve within sixty days after service of the notice upon that person.

(2) A notice given pursuant to subsection (1) may be served upon the person who whom it is directed by delivering it to that person personally or, where that person cannot conveniently be served personally, by leaving it at that person's last or most usual place of residence with a person who is apparently not under sixteen years of age.

(3) Where the identity of a person to whom a notice may be directed pursuant to subsection (1) is unknown to the Minister, the Minister may cause notice requiring the removal of the structure to be posted in a conspicuous place on the structure.

(4) A person upon whom a notice pursuant to subsection (1) has been served pursuant to this Section who fails to remove the structure from the nature reserve within sixty days of service is guilty of an offence.

(5) Where a notice pursuant to subsection (1) has been served or posted and the structure has not been removed from the nature reserve within sixty days of the service or posting, the Minister or any person acting by or under the Minister's authority may remove or demolish the structure, together with its contents in any manner that the Minister considers expedient and the costs and expenses of the removal or demolition may be recovered by the Minister in a court of competent jurisdiction in any action for debt on behalf of Her Majesty in right of the Province against any person who erected, occupied or used the structure.

52 Notwithstanding anything contained in this Act, no action for damages may be commenced or maintained and no cause of action lies against

(a) an employee, as defined in the Civil Service Act, who is

(b) an agent of the Government, including an emergency responder;

(c) an employee or agent of a Government agency, a municipality or the Government of Canada, any department or agency of that Government, or any person if there has been a delegation pursuant to subsection 6(3).

(d) a person who has been retained or employed to serve on any board, advisory or ad hoc committee under this Act,

if the action arises out of any act or omission of that person that occurs while that person is carrying out duties or exercising powers pursuant to this Act in good faith.

53 (1) The Governor in Council, upon recommendation of the Minister, may make regulations respecting nature reserves and significant natural areas and, without restricting the generality of the foregoing, may make regulations

(a) respecting the designation, modification or termination of a nature reserve;

(b) respecting the objectives, purposes and functions of nature reserves;

(c) respecting the management, protection, development, occupation, classification and use of nature reserves;

(d) respecting the control, restriction or prohibition of any use, development or occupation of the nature reserve;

(e) respecting the restriction or prohibition of activities in, or entry into, a nature reserve;

(f) respecting the posting, erection or display of signs, plaques, notices, or other devices in a nature reserve;

(g) respecting measures, including, subject to Section 56, financial incentives, to encourage the identification, preservation and protection of nature reserves and significant natural areas;

(h) respecting the erection, development, operation, maintenance, use or licensing of structures or facilities within a nature reserve;

(i) respecting modes of travel in a nature reserve;

(j) respecting any matter necessary or advisable for the administration of a system of administrative penalties;

(k) respecting the exercising of pre-existing rights in a nature reserve provided for pursuant to Section 48, and terms and conditions related thereto;

(l) respecting the control, restriction or prohibition of the exercise of powers by any other Act or regulation;

(m) respecting any criteria to be used in the evaluation and identification of significant natural areas of the Province;

(n) respecting any matter necessary or advisable for the establishment of fees to recover costs for any services of matters provided in the course of the administration of this Act or the regulations;

(o) defining a word or expression used, but not defined in this Act, or further defining a word or expression used in this Act;

(p) respecting any matter or thing the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) A regulation may, pursuant to subsection (1), be made applicable to all nature reserves or any nature reserve or any part of a nature reserve.

54 The exercise by the Governor in Council of the authority contained in Section 53 or an order made by the Minister pursuant to this Act is regulations within the meaning of the Regulations Act.

55 (1) Clause 2(b), clause 6(c), Sections 14 to 19 and clauses 20(a) and (b) of Chapter 438 of the Revised Statutes, 1989, the Special Places Protection Act, as amended by Chapter 45 of the Acts of 1990, An Act to Amend Chapter 438 of the Revised Statutes, 1989, the Special Places Protection Act, are repealed.

(2) Notwithstanding subsection (1), every designation of an ecological site made and every permit related to an ecological site issued under that Act remains good and valid and continues in effect until terminated pursuant to this Act, and is subject to this Act and regulations.

56 The moneys required for the administration of this Act shall be paid out of moneys appropriated for that purpose by the Legislature.

57 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2002 Crown in right of Nova Scotia. Updated May 22, 2002. Send comments to legc.office@novascotia.ca.