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BILL NO. 110

(as introduced)

1st Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018

 

Private Member's Bill

 

Environment Act
(amended)

 

Lenore Zann
Truro–Bible Hill–Salmon River



First Reading: April 4, 2018

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

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

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.

Clause 6 provides that money required for the purpose of the Act is to be paid out of money appropriated for that purpose by the Legislature.

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1 Subsection 35(2) of Chapter 1 of the Acts of 1994-95, the Environment Act, is repealed and the following subsections substituted: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

(c) striking out the period at the end of clause (d) and substituting "; and";

(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 and open pit mines;

    (b) nuclear energy facilities;

    (c) facilities that are primarily intended to be part of an interprovincial or international electrical system;

    (d) facilities for generating electricity from tidal power;

    (e) underground gas storage facilities;

    (f) natural-gas processing plants;

    (g) pulp and paper-manufacturing plants;

    (h) effluent discharge systems from any pulp and paper-manufacturing plant;

    (i) oil refineries;

    (j) an undertaking involving a joint environmental assessment process with the Government of Canada;

    (k) an undertaking involving a substituted process under the Canadian Environmental Assessment Act, 2012 (Canada) or any successor to that Act.

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".

6 The money required for the purpose of this Act must be paid out of money appropriated for that purpose by the Legislature.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2018 Crown in right of Nova Scotia. Created April 4, 2018. Send comments to legc.office@novascotia.ca.