This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is for your personal use and may not be copied for the purposes of resale in this or any other form.
Environment Act and Regulations Fees Regulations
made under clause 8(2)(k) of the
Environment Act
S.N.S. 1994-95, c. 1
N.S. Reg. 132/2008 (March 20, 2008, effective April 1, 2008)
Citation
1 These regulations may be cited as the Environment Act and Regulations Fees Regulations.
Part 1: Environment Act
Fees for remediation reports
2 (1) In this Section, “remediation report” includes any submitted report that documents risk assessment, site management or site remediation of residual contamination, whether or not active site remediation was necessary, if the expected outcome is formal acceptance of the report by the Department.
(2) The types of remediation reports are as follows:
(a) Type A – remediation report for domestic fuel oil spill: criteria-based or Tier 1 risk assessment/remediation;
(b) Type B – remediation report for domestic fuel oil spill: Tier II or Tier III risk assessment/remediation;
(c) Type C – other remediation report (non-domestic): criteria-based or Tier I risk assessment/remediation;
(d) Type D – other remediation report (non-domestic): single contaminant of concern, risk-based corrective action (Tier II or III risk assessment/remediation), no use restrictions, no controls and no off-site impacts;
(e) Type E – other remediation report (non-domestic): multiple contaminants of concern, risk-based corrective action (Tier II or III risk assessment/remediation), no use restrictions, no controls and no off-site impacts;
(f) Type F – other remediation report (non-domestic): risk-based corrective action (Tier II or III risk assessment/remediation), with use restrictions or controls or off-site impacts.
(3) The administrative fees for reports on the remediation of contaminated sites and releases under Part VI and Part VIII of the Environment Act are as set out in the following table:
Type of Remediation Report
Fee
Type A
$130.60
Type B
$272.07
Type C
$272.07
Type D
$598.56
Type E
$897.84
Type F
$1333.16
(4) If a remediation report does not adequately demonstrate that the requirements of the Department have been met, the applicable fee prescribed in subsection (3) must be paid in full when the report is re-submitted for acceptance by the Department.
(5) Confirmatory monitoring conditions may be included in a Record of Site Compliance, Certificate of Compliance or other conditional release from site action requirements, and if the person responsible asks the Department to be formally released from further confirmatory monitoring obligations, the applicable fee prescribed in subsection (3) must be paid in full to the Department.
Fee for request for information from the environmental registry
3 The fee for a request for information from the environmental registry established under Section 10 of the Environment Act is $23.18 for each civic address submitted for a search.
Industrial air emission fees
4 (1) In this Section, “pollutants” means total releases to air including any combination of the following:
(a) sulphur dioxide;
(b) particulate matter, which includes reported annual emissions of total particulate matter, PM10, or PM2.5, whichever is greatest; and
(c) other releases to air, as listed in subsection (3).
(2) The industrial air emission fees for facilities in Nova Scotia are based on the rates set out in the following table:
Class
Threshold
(tonnes of pollutants/year)
Rate
(per tonne of pollutants)
1
≥30
$6.74/tonne
2
<30
no fee
(3) The other releases to air referred to in subsection (1) are as set out in the following list:
• ammonia (total)
• antimony and its compounds
• carbon monoxide
• chlorine
• chromium and its compounds
• cobalt and its compounds
• copper and its compounds
• cresol (mixed isomers and their salts)
• diethanolamine and its salts
• hydrochloric acid
• hydrogen cyanide
• hydrogen sulphide
• manganese and its compounds
• nickel and its compounds
• oxides of nitrogen (NO2)
• phosphorus (total)
• selenium and its compounds
• sulphuric acid
• vanadium (except when in an alloy) and its compounds
• zinc and its compounds
• volatile organic compounds (VOCs), including all of the following:
- 1, 2, 4-trimethylbenzene
- 7H-dibenzo(c,g)carbazole
- acetaldehyde
- benzene
- benzo(a)anthracene
- benzo(a)phenathrene
- benzo(a)pyrene
- benzo(b)flouranthene
- benzo(e)pyrene
- benzo(g,h,i)perylene
- benzo(j)flouranthene
- benzo(k)flouranthene
- biphenyl
- chloromethane
- cumene
- cyclohexane
- dibenz(a,j)acridine
- dibenzo(a,h)anthracene
- dibenzo(a,i)pyrene
- dibutyl phthalate
- dichloromethane
- ethylbenzene
- ethylene
- ethylene glycol
- flouranthene
- formaldehyde
- isopropyl alcohol
- methanol
- naphthalene
- n-hexane
- perylene
- phenanthrene
- phenol and its salts
- propylene
- pyrene
- styrene
- toluene
- trichloroethylene
- xylene (all isomers)
Part 2: Regulations made under the Environment Act
Activities Designation Regulations
Water withdrawal approval fee
5 (1) The fee for a water withdrawal approval under Division I of the Activities Designation Regulations is $289.76.
(2) A water withdrawal approval fee does not apply to agriculture, aquaculture or recreational water withdrawal activities.
Water withdrawal approval annual administration fees
6 The annual administration fees for water withdrawal approvals under Division I of the Activities Designation Regulations are as follows:
(a) Category I – hydroelectric..............................................................$579.52/year
(b) Category II – industrial, bottled water, public
drinking water supply....................................................................$231.80/year
Water withdrawal approval annual user fees
7 (1) Subject to the minimum fee set out in subsection (2), and except as provided in subsections (3) and (4), the annual user fees for water withdrawal approvals under clause 5(1)(a) of Division I of the Activities Designation Regulations authorizing the withdrawal of water from a watercourse in an amount greater than 23 000 L per day are as follows:
(a) for a water withdrawal approval for municipal, recreational, industrial or domestic purposes, the annual user fee is the total of all amounts calculated as follows:
(i) for each 1 000 000 L per day up to 2 000 000 L...........................$127.50
(ii) for each additional 1 000 000 L per day over
2 000 000 L and up to 9 000 000 L..............................................$133.29
(iii) for each additional 1 000 000 L per day over
9 000 000 L and up to 27 000 000 L............................................$144.88
(iv) for each additional 1 000 000 L per day over
27 000 000 L and up to 90 000 000 L..........................................$150.67
(v) for each additional 1 000 000 L per day over 90 000 000 L..........$156.47
(b) for a water withdrawal approval for a fish farming or a fish hatchery operation, the annual user fee is 20% of the amount determined under clause (a);
(c) for a water withdrawal approval for hydroelectric power generation, the annual user fee is calculated at the rate of $1.85 per horsepower of rated hydraulic capacity.
(2) Except as provided in subsections (3) and (4), the minimum annual user fee for a water withdrawal approval is $57.95.
(3) A water withdrawal approval authorizing the use of water for agriculture, conservation, or beautification purposes is exempt from the annual user fee.
(4) To retain a water withdrawal approval when the approval holder temporarily suspends their use of water for more than 90 days, the annual user fee may be reduced to the greater of
(a) 10% of the amount calculated under subsection (1); and
(b) $231.80.
(5) The user fee reduction provided for in subsection (4) does not apply to a seasonal water withdrawal.
Division I water approval fees
8 (1) Except as provided in subsection (2), the fees for water approvals under Division I of the Activities Designation Regulations are as follows:
(a) Category I water approval.......................................................................$54.41
(b) Category II water approval....................................................................$108.83
(c) Category III water approval...................................................................$272.07
(2) The fees set out in subsection (1) do not apply to water approvals issued to the Department of Transportation and Public Works [Infrastructure Renewal].
(3) Activities requiring water approvals are identified by category as set out in the following list:
Category I: constructing or maintaining a culvert in a manner consistent with current applicable guidelines and standards issued by the Department, installing a culvert between June 1 and September 30 of any year (Culvert Notification or Notification).
Category II:
• constructing or maintaining a culvert
• constructing or maintaining a bridge if
- a portion of the structure of the bridge is in a watercourse,
- use of equipment in the watercourse or 3 m from the edge of the watercourse is required
• constructing or maintaining a wharf
• constructing or maintaining a weir, fishway or other instream structure
• installing or maintaining fishing equipment, a fishway, a counting fence, a fish habitat improvement structure, an aquaculture cage or any similar structure in a watercourse
• placing rock or other erosion protection material in a surface watercourse
Category III:
• constructing or maintaining a dam
• storing water in amounts of 24 000 m³ or greater
• constructing or maintaining a causeway
• removing material from a surface watercourse
• diverting a watercourse from its natural channel
• dredging a surface watercourse or modifying it in any other way
• installing or maintaining a pipeline, cable or other equipment in a surface watercourse
• altering a surface watercourse or the flow of the water in a surface watercourse in any manner not described in the other activities under Category III
Salvage yard approval fees
9 The fees for salvage yard approvals under Division IV of the Activities Designation Regulations are as follows:
(a) salvage yard approval application...........................................................$28.84
(b) salvage yard approval renewal................................................................$28.84
Division V industrial approval fees
10 (1) The fees for industrial approvals under Division V of the Activities Designation Regulations are as follows:
(a) Category I industrial approval.............................................................$7533.70
(b) Category II industrial approval............................................................$2897.58
(c) Category III industrial approval...........................................................$1159.03
(2) Activities requiring industrial approvals are identified by category as set out in the following list:
Category I
• biotechnology products manufacturing plant
• cement plant
• chemical manufacturing plant
• coke or carbon manufacturing plant
• explosives manufacturing plant
• fertilizer manufacturing plant
• fish meal plant
• industrial incinerator
• industrial landfill
• iron and steel mill
• mineral processing plant
• natural gas processing plant
• oil refinery
• pesticide manufacturing plant
• petrochemical manufacturing plant
• pharmaceutical manufacturing plant
• power plant
• pulp manufacturing plant
• pulp and paper manufacturing plant
• textile manufacturing plant
• tire manufacturing plant
• wood treatment plant
Category II
• application to land of non-livestock-generated wastes
• battery manufacturing plant
• beer or wine processing plant
• bio-remediation treatment station
• brine processing plant
• building product manufacturing plant
• bulk petroleum storage facility
• coal processing plant
• compressor and pumping station
• dairy or dairy products plant
• distillery
• electroplating plant
• food additive or supplement manufacturing plant
• foundry
• fruit processing plant
• industrial composting facility
• in-situ leach mining operation
• lime plant
• paint manufacturing plant
• peat moss harvesting operation
• pewter ware manufacturing facility
• poultry integrated plant
• quarry
• red meat integrated plant
• re-refinery
• rending plant
• rolling stock manufacturing plant
• smelter
• sulphide-bearing material disposal operation
• surface mine
• tannery
• treatment or processing of wastewater or wastewater sludges
• underground mine
• used oil collector with storage capacity >50 000 L
• vegetable processing plant
• wallpaper manufacturing plant
Category III
• asphalt plant
• brine storage pond
• bulk sample site
• bulk solids handling/loading facility
• cemetery
• crematorium
• fertilizer storage facility
• fish silage operation
• industrial cleaners manufacturing facility
• inland fish processing plant
• pit
• stationary ready mix plant
• topsoil removal operation
• used oil collector with storage of 50 000 L or less
Environmental Assessment Regulations
Fees for undertakings requiring environmental assessments
11 (1) The fees for undertakings requiring assessments under the Environmental Assessment Regulations are as follows:
(a) Category I undertaking registration...................................................$15 067.40
(b) Category II undertaking registration....................................................$9735.86
(c) Category III undertaking registration...................................................$5563.35
(d) approval transfer...................................................................................$578.98
(e) focus report.........................................................................................$5795.15
(f) environmental assessment report......................................................$15 067.40
(g) additional information request..............................................1/2 registration fee
(2) The approval transfer fee set out in clause (1)(d) applies if an approval is transferred from one proponent to another.
(3) The fees set out in clauses (1)(e), (f) and (g) apply only to Category II and III undertakings and only if the Minister decides that the report or information is required.
(4) In addition to the fees set out in subsection (1), a proponent is responsible for
(a) all costs associated with Environmental Assessment Board reviews and hearings; and
(b) all costs associated with joint federal-provincial environmental assessment panels.
(5) Undertakings requiring environmental assessments are identified by category as set out in the following list:
Category I:
• cement plant
• common or public highway that is 10 km or longer and designed for 4 or more lanes of traffic, or associated structures
• corridor for one or more electric power transmission lines with a cumulative voltage rating that equals or exceeds 345 kilovolts electric generating facility with a production rating of 10 megawatts or more, including a hydroelectric generating facility when the cumulative power generation capacity on any single river system equals or exceeds 10 megawatts, but excluding an electric generating facility of any production rating that uses wind energy as its sole power source
• ferro-alloy plant
• heavy water plant
• incineration facility for municipal solid waste
• lead and battery plant
• metal smelter
• non-ferrous metal smelter
• oil refinery
• paper mill
• petrochemical plant
• pulp mill
• pulp and paper mill
• radioactive materials manufacturing, processing or reprocessing facility
• water reservoir whose designed storage capacity exceeds the mean volume of the natural water body by at least 10 000 000 m3
Category II
• common or public highway that is longer than 2 km but less than 10 km and designed for 4 or more lanes of traffic, or associated structures
• electric generating facility that has a production rating of 2 megawatts or higher derived from wind energy
• facility engaged in the extraction or processing of metallic and non-metallic minerals, coal, peat moss, gypsum, limestone, bituminous shale or oil shale
• fish meal production facility
• onshore pipeline that is 5 km or longer excluding a pipeline of any length carrying natural gas with a maximum operating pressure below 500 psig (3450 kPa), water, steam or domestic wastewater
• pit or quarry greater than 4 ha in area primarily engaged in the extraction of ordinary stone, building or construction stone, sand, gravel or ordinary soil
• rendering plant
• storage facility with a total capacity of over 5000 m3 intended to hold liquid or gaseous substances including hydrocarbons or chemicals, but excluding water
Category III
• transformer station with an energy capacity greater than 230 kilovolts
• permanent commercial facility for handling waste dangerous goods
• project that involves the transfer of water between drainage basins where the drainage area to be diverted is greater than 1 km2
• enterprise, activity, project, structure or work that disrupts a total of 2 ha or more of any wetland
• facility for manufacturing wood products that are pressure-treated with chemical products
• facility engaged in the production, wholesale storage or wholesale distribution of dangerous goods
Motive Fuel and Fuel Oil Approval Regulations
Fees for new motive fuel and fuel oil approvals
12 The fees for new motive fuel and fuel oil approvals under the Motive Fuel and Fuel Oil Approval Regulations are as follows:
(a) fuel oil wholesaler approval..................................................................$115.90
(b) fuel oil retailer approval........................................................................$115.90
(c) motive fuel wholesaler approval..........................................................$1741.27
(d) motive fuel retailer approval.................................................................$115.90
Transfer and amendment
13 The fee for a transfer of or an amendment to any approval under the Motive Fuel and Fuel Oil Approval Regulations is $115.90.
Motive fuel wholesaler approval renewal fee
14 (1) Subject to the minimum fee set out in subsection (2), the fee for renewing a motive fuel wholesaler approval under the Motive Fuel and Fuel Oil Approval Regulations is the total of all applicable amounts in the following table, calculated based on the rate per litre set out opposite each applicable amount:
Numbers of Litres of Motive Fuel
Rate/L
for the first 50 000 000 L
$0.000406
for the next 50 000 000 L
$0.000289
for the next 100 000 000 L
$0.000174
for the next 200 000 000 L
$0.000058
for any excess over 400 000 000 L
$0.000012
(2) The minimum fee for renewing a motive fuel wholesaler approval is $1741.27.
Motive fuel retailer approval renewal fee
15 The fee for renewing a motive fuel retailer approval under the Motive Fuel and Fuel Oil Approval Regulations is the total of the following amounts:
(a) for each nozzle.......................................................................................$23.18
(b) for each drum.........................................................................................$23.18
Fuel oil wholesaler and retailer approval renewal fee
16 (1) The fee for renewing a fuel oil wholesaler and retailer approval is as follows:
(a) if volume is less than 50 000 L...............................................................$11.59
(b) if volume is greater than 50 000 L, subject to the minimum fee set out in subsection (2), the total of all applicable amounts in the following table, calculated based on the rate per litre set out opposite each applicable amount:
Numbers of Litres of Motive Fuel
Rate/L
for the first 50 000 L
$0.000116
for any excess over 50 000 L
$0.000058
(2) The minimum fee for renewing a fuel oil wholesaler and retailer approval for a volume greater than 50 000 L is $115.90.
On-site Sewage Disposal Systems Regulations
Fees for preparation of subdivision reports
17 The fees for preparing a subdivision report are as follows:
(a) for a subdivision with fewer than 3 lots..............................................no charge
(b) for a subdivision with at least 3 lots and no more than 10 lots...............$202.96
(c) for a subdivision with more than 10 lots................................................$550.68
Fee for certificate of qualification as on-site sewage installer
18 The fee for an on-site sewage installer’s certificate of qualification under the On-site Sewage Disposal Regulations is $145.01.
Fee for on-site sewage disposal system approval
19 The fee for an on-site sewage disposal system approval under the On-site Sewage Disposal Systems Regulations is $57.95.
Pesticide Regulations
Fees for certificates of qualification
20 (1) Subject to the reduced fee for additional certificates of qualification provided for in subsection (2), the fees for certificates of qualification under the Pesticide Regulations that are valid for 5 years are as follows:
(a) Class I – Vendor.....................................................................................$57.95
(b) Class II – Structural................................................................................$57.95
(c) Class III (A) – Forestry...........................................................................$57.95