Environment Act (amended)

BILL NO. 54

(as introduced)

3rd Session, 62nd General Assembly
Nova Scotia
65 Elizabeth II, 2016

Private Member's Bill

Environment Act
(amended)

The Honourable Denise Peterson-Rafuse
Chester–St. Margaret's

First Reading: November 1, 2016

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clauses 1 and 2 allow the Minister to choose who prepares focus reports and environmental assessments. Clause 2 also requires the consideration of the impact of climate change in environmental assessments.

Clause 3 deems certain classes of undertakings to be Class II undertakings as defined in the regulations.

Clause 4 allows the Governor in Council to make regulations for a program providing funding to assist members of the public and organizations of members of the public in participating in review panels.

Clause 5 makes financial or other security or the carrying of insurance mandatory.

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

Be it enacted by the Governor and Assembly as follows:

1 Subsection 35(2) of Chapter 1 of the Acts of 1994-95, the Environment Act, is repealed and the following subsections substituted:

(2) The Minister shall, in consultation with the proponent, choose and instruct a person to undertake the necessary study for the preparation of the focus report and submit the report to the Minister and the proponent.

(2A) The proponent shall reimburse the Minister for any costs incurred under subsection (2).

2 Section 36 of Chapter 1, as amended by Chapter 61 of the Acts of 2011, is further amended by

(a) adding "(1)" immediately after the Section number;

(b) striking out "and" at the end of clause (c);

(d) adding immediately after clause (1)(d) the following clause:

(e) choose and instruct the person who is to prepare the environmental-assessment report in consultation with the proponent.

(e) adding the following subsections:

(2) Terms of reference prepared in accordance with clause (1)(a) must include consideration of the impact of the undertaking on climate change.

(3) The proponent shall reimburse the Minister for any costs incurred under clause (1)(e).

3 Section 38 of Chapter 1, as amended by Chapter 61 of the Acts of 2011, is further amended by adding immediately after subsection (2) the following subsection:

(2A) The following classes of undertakings are deemed to be Class II undertakings as defined in the regulations:

(a) underground mines;

(b) nuclear energy facilities;

(d) facilities for generating electricity from tidal power;

(e) natural-gas processing plants;

(f) paper-manufacturing plants;

(g) oil refineries.

4 Subsection 49(1) of Chapter 1, as amended by Chapter 30 of the Acts of 2006 and Chapter 61 of the Acts of 2011, is further amended by adding immediately after clause (l) the following clause:

(la) respecting a program of funding to assist members of the public and organizations of members of the public in participating in review panels and joint assessments;

5 Subsection 65A(1) of Chapter 1, as enacted by Chapter 61 of the Acts of 2011, is amended by striking out "Where required by the regulations, a" in the first line and substituting "A".

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2016 Crown in right of Nova Scotia. Created November 1, 2016. Send comments to legc.office@novascotia.ca.

You are here