BILL NO. 116

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019

Government Bill

Biodiversity Act

The Honourable Iain Rankin
Minister of Lands and Forestry

First Reading: March 14, 2019

Second Reading:

Third Reading:

An Act to Provide for the Conservation
and Sustainable Use
of Biodiversity in Nova Scotia

WHEREAS biodiversity is essential to healthy and productive ecosystems and is therefore essential to human well-being;

AND WHEREAS the conservation and sustainable use of biodiversity is interconnected with sustainable prosperity, a healthy environment, vibrant thriving communities and a strong competitive economy;

AND WHEREAS biodiversity and its sustainable uses are valued by Nova Scotians as important parts of the environment, heritage and economy of Nova Scotia;

AND WHEREAS an ecosystem approach that involves the integrated management of land, water and living organisms, promotes conservation and sustainable use of biodiversity and recognizes that humans are an integral part of ecosystems will strengthen land-use planning and natural resources management;

AND WHEREAS programs, policies and protective measures for biodiversity enable the Government of Nova Scotia to maintain and restore the diversity of genes, species and ecosystems, ensuring healthy ecosystems and the provision of ecosystem goods and services;

AND WHEREAS the conservation and sustainable use of biodiversity is a complex, cross-cutting imperative that necessitates co-operation and collaboration among all sectors and is therefore a shared responsibility of all levels of government, non-government organizations, the private sector, the Mi'kmaq of Nova Scotia and all other Nova Scotians;

AND WHEREAS biodiversity must be managed for the benefit of present and future generations, which is in keeping with the Mi'kmaq concept of Netukulimk, defined by the Mi'kmaq as the use of the natural bounty provided by the Creator for the self-support and well-being of the individual and the community by achieving adequate standards of community nutrition and economic well-being without jeopardizing the integrity, diversity or productivity of our environment;

AND WHEREAS a number of Government departments and legislation such as the Endangered Species Act, Environment Act, Wilderness Areas Protection Act and the Wildlife Act play key roles in the conservation and sustainable use of biodiversity in Nova Scotia but do not address all aspects of conservation and sustainable use;

AND WHEREAS Nova Scotia is committed to a complete, holistic, integrated legislative framework that provides for all aspects of the conservation and sustainable use of biodiversity;

THEREFORE be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Biodiversity Act.

2 The purpose of this Act is to provide for an integrated framework of legislation that supports the stewardship, conservation, sustainable use and governance of biodiversity in the Province.

3 (1) In this Act,

(a) "biodiversity" means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems, and among the ecological complexes of which such living organisms are a part, and includes genetic diversity, diversity within and between species and diversity of ecosystems and ecological processes;

(b) "biodiversity management zone" means an area of land managed for a period of time, for the purpose of supporting the conservation or sustainable use of specified biodiversity values;

(c) "camp" means a temporary residence other than a principal place of residence and includes a tent, vehicle or vessel that may be used for the purpose of a shelter or temporary residence;

(d) "conservation" means the maintenance or sustainable use of the Earth's resources in a manner that maintains biodiversity and the evolutionary and other processes that resulted in the biodiversity;

(e) "conservation officer" means a conservation officer appointed under this Act, the Crown Lands Act, the Forests Act or the Wildlife Act;

(f) "ecosystem" means a dynamic complex of plant, animal or micro-organisms and their non-living environment, interacting as a functional unit;

(g) "ecosystem goods and services" means the natural goods provided by ecosystems, their role in regulating and supporting natural processes and the cultural and economic benefits they provide;

(h) "land" includes land covered by water;

(i) "Minister" means the Minister of Lands and Forestry;

(j) "organism" means an active, infective or dormant stage, or form of life, of any biological entity capable of reproducing itself, or of transferring genetic material, and includes plants, animals, fungi, mycoplasmas, micro-organisms, viruses and viroids, cell and tissue cultures, germinal cells, seeds, pollen and spores;

(k) "permit" means written approval for an activity under this Act;

(l) "sustainable use" means, with respect to biodiversity, the use of biodiversity in a way and at a rate that does not lead to the long-term decline of biodiversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.

(2) For the purpose of this Act and the regulations,

(a) a person is in possession of a thing when it is in that person's personal possession or when that person knowingly

(ii) has it in any place, whether or not that place belongs to or is occupied by that person, for the use or benefit of that person or of another person; and

(b) when one of two or more persons, with the knowledge and consent of the rest of those persons has anything in that person's custody or possession, it is in the possession of each of them.

4 This Act binds Her Majesty in right of the Province.

5 The Department of Lands and Forestry is the lead department with respect to the conservation and sustainable use of biodiversity and shall work with the other Government departments within their related mandates to achieve the purpose of this Act.

MINISTERIAL
POWERS AND DUTIES

6 The Minister is responsible for the supervision and management of this Act.

7 The Minister may

(a) promote the conservation and sustainable use of biodiversity;

(b) undertake, promote or recommend measures to allow for public co-operation in the conservation and sustainable use of biodiversity;

(c) consult and co-ordinate with other departments and agencies of the Province with respect to their work and efforts relating to any matter involving the conservation or sustainable use of biodiversity;

(d) develop, co-ordinate and implement policies and programs for the conservation and sustainable use of biodiversity;

(e) co-ordinate and implement biodiversity policies and programs in co-operation with the Government of Canada, the government of a province of Canada or a municipality, or with an agency of any of the foregoing;

(f) implement policies and programs for the observation, prevention and management of wildlife pathogens and diseases and other pathogens or diseases that impact on biodiversity;

(g) develop and implement policies, guidelines and standards for the management of organisms under human control, including wildlife as defined by the Wildlife Act;

(h) establish or adopt

(ii) guidelines, objectives and standards for the conservation and sustainable use of biodiversity;

(i) provide funding and other support for biodiversity-related research, investigation and monitoring; and

(j) take any measure the Minister considers necessary for

(ii) the protection of human health, safety and property as it relates to biodiversity, or

(iii) the observation, prevention and management of wildlife pathogens and diseases, and other pathogens or diseases that impact on biodiversity.

8 Subject to Section 6 of the Public Service Act, the Minister may enter into an agreement with any person, including the Government of Canada, the government of a province of Canada or a municipality, or with an agency of any of the foregoing, for any purpose related to this Act or the regulations, including an agreement respecting

(a) the conservation and sustainable use of biodiversity;

(b) mutual assistance in the enforcement of laws respecting the conservation and sustainable use of biodiversity;

(d) the development and implementation of collaborative programs for the classification, inventory and assessment of biodiversity;

(e) the development and implementation of collaborative, informational, educational or training programs respecting biodiversity; and

(f) research, programs and measures respecting biodiversity.

9 The Minister may cause studies to be undertaken and cause research to be carried out to

(a) identify, evaluate, monitor and study biodiversity and any threats to biodiversity;

(b) provide for inventories of biodiversity;

(d) establish priorities for the conservation and sustainable use of biodiversity based on consistent evaluation protocols for biodiversity throughout the Province;

(e) promote the long-term productivity, diversity and functioning of ecosystems;

(f) assess the value of biodiversity and ecosystem goods and services;

(g) investigate and establish methods to

(ii) manage the conservation and sustainable use of biodiversity;

(h) establish priorities and methods for restoring degraded or impaired biodiversity; and

(i) investigate any other matter associated with the conservation and sustainable use of biodiversity.

10 The Minister may

(a) retain experts with expertise in the areas of natural science, traditional knowledge, conservation and sustainable uses to report to the Minister with respect to

(ii) any policies, programs or other matters under the administration of the Minister under this Act, and

(iii) any other matters the Minister, in the Minister's sole discretion, considers advisable to refer to an expert;

(b) specify the functions that experts are to perform, including the seeking of input from the public, and the manner and period in which those functions are to be performed; and

11 For the purpose of promoting greater public awareness, understanding and shared stewardship of biodiversity, the Minister may

(a) undertake educational programs respecting the conservation and sustainable use of biodiversity;

(b) undertake or provide for environmental, educational and natural history interpretation at biodiversity management zones;

(d) encourage an exchange of information respecting biodiversity between the public and private sectors.

12 The Minister, with the approval of the Governor in Council, may

(a) declare any land vested in Her Majesty in right of the Province or, with the consent of the landowner, privately owned land to be a biodiversity management zone;

(b) alter the boundaries of a biodiversity management zone; and

13 The Minister shall establish and maintain such classification, inventory, status-assessment and monitoring programs as the Minister considers necessary or advisable to assess the state of biodiversity in the Province and to provide information to inform the responsible conservation and sustainable use of biodiversity.

14 (1) The Minister shall establish mechanisms to share data relating to biodiversity.

(2) The Minister shall report to the public on the state of the Province's biodiversity within five years of this Act coming into force and every five years thereafter.

15 (1) The Minister may, in accordance with the regulations, issue a permit authorizing a person to engage in an activity that is prescribed by the regulations as a prohibited activity.

(2) The Minister may, in accordance with the regulations, issue a permit authorizing a person to engage in an activity in a manner contrary to a restriction prescribed by the regulations.

(3) When issuing a permit under this Section, the Minister may limit the area to which and the times during which the authorization applies.

CONSERVATION OFFICERS
AND OTHER PERSONNEL

16 (1) Conservation officers and other persons required for the administration and enforcement of this Act and the regulations must be appointed in accordance with the Civil Service Act.

(2) Notwithstanding subsection (1), the Minister may utilize, upon such terms and conditions as the Minister considers appropriate, the services of such persons as the Minister considers necessary for the efficient carrying out of the purpose of this Act and the regulations.

(3) A conservation officer, upon being appointed, shall swear the oath or make the affirmation prescribed by the regulations.

(4) A copy of an identification card purporting to be signed by the Minister is, in the absence of evidence to the contrary, proof in any court of law that the individual named on the card is a conservation officer.

(5) No person, except a conservation officer, shall use or wear a uniform, badge or identification card identifying the person as a conservation officer.

(6) Subject to such terms and conditions as the Minister considers appropriate, the Minister may, in writing, exempt a conservation officer from any provision of the Act or the regulations while the conservation officer is carrying out an investigation or other enforcement activity under the Act or the regulations.

17 A conservation officer may administer an oath or affirmation to any person swearing or affirming a declaration or affidavit required for the purpose of enforcing this Act and the regulations.

18 A conservation officer, in carrying out the conservation officer's duties under this Act, has all the powers, authority and immunities of a peace officer under the Criminal Code (Canada) and may exercise them in any part of the Province.

19 A person acting in the discharge of the person's duties under this Act or the regulations, and anyone assisting the person, may enter upon any land without being liable for trespass, but no person is exempted from liability for actual damage caused by such entry.

20 The protection afforded by this Act or any other enactment to a conservation officer extends to any person while and to the extent that the person is in the course of assisting a conservation officer under the conservation officer's direction.

ENFORCEMENT

21 (1) Where there are reasonable and probable grounds to believe that a person has contravened or is about to contravene this Act or the regulations, a conservation officer, the Minister or an individual authorized to act on behalf of the Minister may issue a biodiversity protection order requiring the person to do any or all of the following:

(a) cease engaging in any activity that resulted in or would result in a contravention of this Act or the regulations;

(b) comply with any instructions set out in the order;

(c) do all things and take all steps necessary to comply with this Act and the regulations and to remedy any injury or damage, or to control, eliminate or manage any adverse impact to biodiversity, caused by a contravention of this Act or the regulations.

(2) A biodiversity protection order may contain such terms and conditions as the person issuing the order considers appropriate to prevent, mitigate or remedy any adverse effects to biodiversity that result or may result from the contravention of this Act or the regulations.

(3) Any person having knowledge of a biodiversity protection order shall comply with the order.

22 (1) A person to whom a biodiversity protection order is issued by a conservation officer or an individual authorized to act on behalf of the Minister may, within 30 days of the date of the order, appeal to the Minister by notice in writing.

(2) A notice of appeal must be in a form prescribed by the Minister, state concisely the reasons for the appeal and be accompanied by the fee, if any, prescribed by the Minister.

(3) The Minister shall notify the appellant, in writing, of the decision within 30 days of receipt of the notice of appeal.

(4) The Minister may dismiss the appeal, revoke the biodiversity protection order or issue a new order in substitution for the order issued by the conservation officer or individual authorized to act on behalf of the Minister.

(5) The Minister may, in writing, delegate any power conferred or duty imposed on the Minister by this Section to a person employed in the Department of Lands and Forestry on such terms and conditions as the Minister considers appropriate.

23 (1) A person to whom a biodiversity protection order is issued by the Minister or who is aggrieved by a decision of the Minister made under Section 22 may, within 30 days of the date of the order or decision, appeal the order or decision to the Supreme Court of Nova Scotia.

(2) A decision of the Supreme Court of Nova Scotia is final and there is no further appeal to the Nova Scotia Court of Appeal.

(3) An appeal under subsection (1) must be dismissed by the Supreme Court of Nova Scotia if the sole ground for relief established on the appeal is a defect in form or a technical irregularity.

24 (1) A conservation officer, together with such persons whose assistance the conservation officer considers necessary or advisable, may, for the purpose of ensuring compliance with this Act, the regulations, a biodiversity protection order or the terms and conditions of a permit,

(a) at any reasonable hour, enter and inspect any place other than a residence, make any examination and conduct any test that the conservation officer considers necessary or advisable;

(b) require the production of records or documents in the possession of any person that relate to the conservation, use, damage or destruction of biodiversity in the Province and remove them temporarily for the purpose of making copies;

(c) take photographs or make recordings of the place, any thing in the place or any activity occurring in the place with respect to biodiversity;

(d) make any examination, investigation or inquiry that the conservation officer considers necessary to ascertain whether there is compliance with this Act, the regulations, a biodiversity protection order or the terms and conditions of a permit issued under this Act;

(e) inspect, take samples and conduct tests of samples, including tests in which a sample is destroyed, of any thing being produced, used or found in the place and be responsible therefor, except for a sample that has been destroyed, until the thing is returned to the place;

(f) examine any person with respect to matters under this Act;

(g) enter upon any land for the purpose of performing the conservation officer's duties and functions under this Act; and

(h) exercise any other powers as may be necessary or incidental to the carrying out of the conservation officer's duties and functions under this Act.

(2) A conservation officer may, for the purpose of any investigation, inquiry or examination made by the conservation officer under this Act, summon an individual to give evidence, and administer an oath or affirmation to an individual.

25 (1) A conservation officer who has reasonable and probable grounds to believe an organism or any other item is being held or possessed in contravention of the regulations or is being held or possessed in a manner that contravenes the regulations may, with a search warrant or telewarrant,

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

(b) seize such organisms or other items as may be found being held or possessed in contravention of the regulations or being held or possessed in a manner that contravenes the regulations.

(2) A conservation officer may not enter a residence except with the consent of the person in charge or control of the residence or under the authority of a warrant or telewarrant.

26 A conservation officer who has reasonable and probable grounds to believe an organism or any other item is being held or possessed in contravention of the regulations or is being held or possessed in a manner that contravenes the regulations may, without a warrant,

(a) direct that a vehicle, vessel or conveyance be stopped or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection may be carried out and the officer may, for a reasonable time, detain a vehicle, vessel or conveyance;

(b) enter and search any vehicle, vessel or conveyance for evidence of a contravention of the regulations; and

(c) open and inspect any box, bag, parcel, barrel, container or other receptacle for evidence of a contravention of the regulations.

27 A conservation officer may seize anything, including an organism, that the conservation officer believes on reasonable and probable grounds may afford evidence of a contravention of this Act or the regulations.

28 (1) Subject to subsection (2), a conservation officer who has seized an item, including an organism, under this Act may detain the item pending disposition of the prosecution.

(2) A conservation 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 a dead organism, dispose of the organism or any part of it that is not required as evidence, in accordance with the direction of the Minister; or

(c) in the case of a live organism, keep it or place it in the care of another person, euthanize it or otherwise arrange for its disposition, in accordance with the direction of the Minister.

(3) Where an organism is delivered to another person, the Minister may assess the cost of keeping it 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 to Her Majesty in right of the Province.

29 (1) Where any property has been seized under this Act, a person, other than the person accused of an offence resulting in the seizure or the person in whose possession the property was when seized, who claims an interest in the property as an owner, mortgagee, lien-holder or holder of any like interest may, within 60 days after the seizure, apply by notice in writing to a judge of the Provincial Court for an order declaring that the person's interest is not affected by the seizure.

(2) The judge shall fix a day not less than 30 days after the date of the filing of the application for the hearing of the application.

(3) The claimant shall serve notice of the application and of the hearing upon the Minister at least 15 days before the day fixed for the hearing.

(4) Where, upon the hearing of an application, the judge is satisfied that

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

(b) the claimant exercised all reasonable care, with respect to the person permitted to obtain the possession of the property, to satisfy the claimant that it was not likely to be used contrary to this Act or the regulations or, where 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 the seizure.

(5) The claimant or the Minister may appeal to the Nova Scotia Court of Appeal from an order of a judge made under this Section and the appeal must be asserted, heard and decided according to the ordinary procedure governing appeals to that Court.

30 (1) Subject to subsection (2), where a person charged with an offence under this Act is acquitted, any property seized from that person must be returned.

(2) Where the seized property is an organism, the Minister may return the item if it has not perished or pay such value for the item as the Minister considers appropriate.

(3) Where anything is seized under this Act and the owner is unknown or cannot be ascertained or cannot be found within three months of the seizure, the Minister may direct that the thing be disposed of in any manner the Minister considers appropriate.

OFFENCES AND PENALTIES

31 (1) No person shall engage in an activity that results in

(a) the consumption, utilization, harvesting, taking or killing of a species in excess of that prescribed by the regulations;

(b) the introduction, release or spread of an organism or pathogen prescribed by the regulations; or

(2) No person shall engage in an activity that is prescribed by the regulations as a prohibited activity except in compliance with a permit issued under subsection 15(1).

(3) No person shall engage in an activity in a manner that contravenes a restriction prescribed by the regulations except in compliance with a permit issued under subsection 15(2).

32 No person shall interfere with the lawful and sustainable use of biodiversity by another person.

33 No person shall contravene the terms or conditions of a biodiversity protection order.

34 (1) No person shall

(a) obstruct;

(b) cause the obstruction of;

(d) assault,

a conservation officer in the exercise of a power or the performance of a duty under this Act or the regulations, or any person assisting the conservation officer.

(2) No person shall make a false statement to a conversation officer respecting

(a) the existence or the place of concealment or storage of any organism; or

(b) a contravention of this Act or the regulations.

(3) No person shall refuse or fail to comply with any order, visible signal or direction of a conservation officer in uniform given in the course of carrying out the conservation officer's duties and functions.

35 (1) Where there are reasonable and probable grounds to believe that a vehicle, vessel or equipment was used in the contravention of this Act or the regulations, the owner of the vehicle, vessel or equipment shall, upon the request of a conservation officer and within 48 hours of receiving the request, supply the conservation officer with the name and address of the person who was in charge of the vehicle, vessel or equipment at the time of the contravention.

(2) Where there are reasonable and probable grounds to believe that a vehicle, vessel or equipment was used in the contravention of this Act or the regulations, the person in charge of the vehicle, vessel or equipment at the time of the alleged contravention shall, upon the request of a conservation officer and within 48 hours of receiving the request, supply the conservation officer with the name and address of the person who was operating the vehicle, vessel or equipment at the time of the contravention.

(3) A person who refuses, fails, neglects or is unable to comply with subsection (1) or (2) is liable on summary conviction to the penalty prescribed for the offence of the operator.

(4) In any prosecution under this Section, it is a defence if the person can prove that the vehicle, vessel or equipment was being operated at the time of the contravention without the knowledge or consent, either expressed or implied, of the person.

36 A conservation officer may arrest without a warrant a person whom

(a) the conservation officer finds contravening this Act or the regulations; or

(b) on reasonable and probable grounds the conservation officer believes is contravening or has recently contravened this Act or the regulations.

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

(a) for a first offence

(ii) in the case of a corporation, to a fine of not more than $1,000,000; and

(b) for a second or subsequent offence

(ii) in the case of a corporation, to a fine of not more than $2,000,000.

(2) No private prosecution of Her Majesty in right of the Province for an offence under this Act may be commenced without the consent of the Attorney General.

(3) Where an offence under this Act 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 corporation commits an offence under this Act, an officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the offence is also guilty of the offence and is liable on summary conviction to the penalties set out in subsection (1), whether or not the corporation has been prosecuted.

(5) Where a person has been convicted of an offence under this Act 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 may exceed the maximum fine set out in subsection (1).

38 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 or to prevent any adverse effects to biodiversity that results or may result from the commission of the offence;

(c) directing the person to pay to the Minister compensation for the cost, in whole or in part, of any restoration or 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 under this Section.

39 (1) In a prosecution for an offence under this Act, 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) Unless otherwise provided in this Act, no person shall be convicted of an offence under this Act if the person establishes that the person exercised all due diligence to prevent the commission of the offence.

40 An individual over the age of majority who accompanies or assists another individual at the time when the other individual commits an offence contrary to this Act is a party to the offence and is liable to the penalty prescribed for the offence unless the individual proves that the offence was committed without the individual's knowledge and consent.

41 (1) In a prosecution or proceeding under this Act in which proof is required with respect to

(a) the issuance, cancellation, suspension or reinstatement of any permit under this Act;

(b) the identity of a person who is the permit holder named in a permit;

(d) whether any return required under this Act has been received; or

(e) a previous conviction of a person,

a certificate purporting to be signed by the Minister or the Deputy Minister of Lands and Forestry certifying with respect to the same is, in the absence of evidence to the contrary, proof of the facts stated in the certificate and of the authority of the person who has signed the certificate, without further proof of appointment or signature.

(2) For the purpose of this Section, the Minister may designate as an analyst a person who, in the opinion of the Minister, is qualified to be so designated.

(3) Subject to subsection (5), a certificate purporting to be the certificate of an analyst stating that the analyst has analyzed or examined any organism, whether living or dead, or any other thing and the results of the analysis or examination are admissible in evidence in any prosecution for an offence under this Act and, in absence of evidence to the contrary, are proof of the statement contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate.

(4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.

(5) No certificate may be received in evidence under this Section unless the party intending to produce it has given, to the party against whom it is intended to be produced, reasonable notice of such intention, together with a copy of the certificate.

(6) Notice may be served on an accused by registered mail sent to the address given by the accused when that person was charged or, where applicable, the address that appears on that person's permit.

42 (1) Where a person is convicted of an offence under this Act, the court may, in addition to any penalty imposed, order that any seized thing 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 under subsection (1), the seized thing, or the proceeds of its disposition, must be returned to its lawful owner or the person lawfully entitled to it if the possession of the thing would be lawful.

43 Where a fine is imposed on a person convicted of an offence, any seized thing, 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.

44 (1) Proceedings by way of summary conviction with respect to an offence under 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; and

(b) the date on which evidence of the offence first came to the attention of the Minister.

(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.

GENERAL

45 No person affected by this Act or the regulations is entitled to compensation for any restriction, encumbrance or use or the lack of use, of any nature or kind whatsoever, that may result or results from the enactment of this Act or the regulations.

46 (1) The Governor in Council may make regulations

(a) respecting the establishment, control and management of biodiversity management zones and the alteration of the boundaries of biodiversity management zones;

(b) for the purpose of conserving or making sustainable use of biodiversity within a biodiversity management zone, authorizing, restricting or prohibiting the conduct of activities within the biodiversity management zone;

(c) respecting the establishment of mechanisms by which the Minister reports to the public on matters relating to biodiversity;

(d) respecting the authorization by permit, restriction or prohibition of activities that affect biodiversity and uses of biodiversity;

(e) prescribing the oath to be sworn or affirmed by conservation officers;

(f) respecting the holding or possession of organisms or other items, including, where the holding or possession of an organism or other item is not restricted, the manner in which it is to be held or possessed;

(g) prescribing species for the purpose of clause 31(1)(a);

(h) prescribing organisms or pathogens for the purpose of clause 31(1)(b);

(i) prescribing habitats and ecosystems for the purpose of clause 31(1)(c);

(j) prescribing activities that affect biodiversity or the uses of biodiversity as prohibited activities;

(k) prescribing restrictions on activities that affect biodiversity or the uses of biodiversity;

(l) respecting permits and the permitting process, including applications for permits, the issuance of permits, the suspension or cancellation of permits, the period during which a permit remains valid, the renewal of permits and the transferability of permits;

(m) respecting the conservation and sustainable use of biodiversity;

(n) respecting the prevention and management of threats to biodiversity and the restoration of biodiversity;

(o) respecting the prevention and management of invasive or alien species;

(p) respecting the import and export of organisms in the Province;

(q) respecting the prevention, management and surveillance of diseases that affect biodiversity;

(r) respecting access to and the sharing of benefits arising from genetic resources;

(s) respecting the prevention and management of impacts on human health, safety and property from biodiversity;

(t) prescribing fees for the purpose of this Act and the regulations;

(u) defining any word or expression used but not defined in this Act;

(v) respecting any matter or thing the Governor in Council considers 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 a regulation within the meaning of the Regulations Act.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2019 Crown in right of Nova Scotia. Created March 14, 2019. Send comments to legc.office@novascotia.ca.

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BILL NO. 116

(as introduced)

Biodiversity Act

An Act to Provide for the Conservation and Sustainable Use of Biodiversity in Nova Scotia

More Information

An Act to Provide for the Conservation
and Sustainable Use
of Biodiversity in Nova Scotia