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Fees Regulations

made under clause 8A(1)(a) of the

Environment Act

S.N.S. 1994-95, c. 1

N.S. Reg. 176/2015 (March 24, 2015, effective April 1, 2015)



Citation

1     These regulations may be cited as the Fees Regulations.


Part 1: Environment Act


Filing fees for remediation reports

2     (1)    In this Section, a “remediation report” includes any report filed with the Department that documents a risk assessment, site management, or site remediation of a residual contamination on a site regardless of whether or not active site remediation was necessary.

 

       (2)    The types of remediation reports are as follows:

 

                (a)    Type A – a remediation report for a domestic fuel oil spill, if the report is either

 

                         (i)     criteria-based, or

 

                         (ii)    Tier I risk assessment or remediation;

 

                (b)    Type B – a remediation report for a domestic fuel oil spill, if the report is either

 

                         (i)      Tier II risk assessment or remediation, or

 

                         (ii)     Tier III risk assessment or remediation;

 

                (c)    Type C – a remediation report for a non-domestic site, if the report is either:

 

                         (i)     criteria-based, or

 

                         (ii)    Tier I risk assessment or remediation;

 

                (d)    Type D – a remediation report for a non-domestic site with a single contaminant of concern if the report, with risk-based corrective action, is either

 

                         (i)     Tier II risk assessment or remediation, or

 

                         (ii)    Tier III risk assessment or remediation

 

and the report has no use restrictions, no controls and no off-site impacts;

 

                (e)    Type E – a remediation report for a non-domestic site with multiple contaminants of concern if the report, with risk-based corrective action, is either

 

                         (i)     Tier II risk assessment or remediation, or

 

                         (ii)    Tier III risk assessment or remediation

 

and the report has no use restrictions, no controls and no off-site impacts;

 

                (f)    Type F – a remediation report for a non-domestic site if the report, with risk-based corrective action, is either

 

                         (i)     Tier II risk assessment or remediation, or

 

                         (ii)    Tier III risk assessment or remediation

 

and the report has use restrictions, controls or off-site impacts.

 

       (3)    The filing fees for a report on the remediation of contaminated sites and releases under Part VI and Part VIII of the Environment Act, by the type of report identified in subsection (2), are as set out in the following table:


Table 1

Remediation Report Filing Fees

Type of Remediation Report

Filing Fee

Type A

$149.60

Type B

$311.45

Type C

$311.45

Type D

$685.25

Type E

$1027.95

Type F

$1526.30

 

       (4)    If a remediation report does not adequately demonstrate that the requirements of the Department are met and a new report is required by the Department, the filing fee prescribed in subsection (3) must be re-paid in full when the report is re-filed.

 

       (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 $26.50 for each civic address submitted for a search.


Industrial air emission fees

4     (1)    In this Section, “pollutants” means a total release to air including any one of or 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;

 

                (c)    other releases to air, as listed in subsection (2).

 

       (2)    The other releases to air referred to in clause (1)(c) are as set out in the following table:


Table 2

Other Releases to Air—Pollutants

    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)

    di-ethanolamine 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:

     -     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)

 

       (3)    The industrial air emission fees per year for facilities in Nova Scotia are based on the rates set out in the following table:


Table 3

Industrial Air Emission Fees

Class

Threshold

(tonnes of pollutants/year)

Rate

(per tonne of pollutants)

1

≥30

$7.35/tonne

2

<30

no fee


Application fee for appeal to Minister

5     The application fee for a person who is aggrieved to appeal to the Minister under Section 137 of the Environment Act is $108.95.


Part 2: Regulations Made Under the Environment Act


Activities Designation Regulations


Application fee for Division I water (water withdrawal) approval or renewal

6     (1)    Except as provided in subsection (2), the application fee for an initial water withdrawal approval or for a renewal of the approval for each term as required under clause 5(1)(a) of Division I of the Activities Designation Regulations is $331.75.

 

       (2)    The application fee in subsection (1) does not apply to agriculture, aquaculture or recreational water withdrawal activities.


Annual administration fee for Division I water (water withdrawal) approval

7     The administration fee per year for a water withdrawal approval holder, under clause 5(1)(a) of Division I of the Activities Designation Regulations, by category of use of water withdrawal approval is as follows:

 

                (a)    Category I – for hydroelectric use.........................................................$663.45

 

                (b)    Category II – for domestic, industrial, bottled water, or public drinking water
supply use.............................................................................................$265.40


Annual approval to use fee for Division I water (water withdrawal) approval

8     (1)    In addition to the administrative fee in Section 7, subject to the minimum annual approval to use fee set out in subsection (2), and except as provided in subsections (3) and (4), the approval to use fee per year for a water withdrawal approval holder, under clause 5(1)(a) of Division I of the Activities Designation Regulations is as follows:

 

                (a)    for municipal, recreational, industrial or domestic purposes, the approval to use 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...........................$145.95

 

                         (ii)    plus for each additional 1 000 000 L per day over

2 000 000 L and up to 9 000 000 L..............................................$152.50

 

                         (iii)   plus for each additional 1 000 000 L per day over

9 000 000 L and up to 27 000 000 L............................................$165.90

 

                         (iv)   plus for each additional 1 000 000 L per day over

27 000 000 L and up to 90 000 000 L..........................................$172.45

 

                         (v)    plus for each additional 1 000 000 L per day over

90 000 000 L...............................................................................$179.10

 

                (b)    for a fish farming or a fish hatchery operation use, the approval to use fee is 20% of the amount determined under clause (a);

 

                (c)    for hydroelectric power generation use, the approval to use fee is calculated at the rate of $2.10 per horsepower of rated hydraulic capacity.

 

       (2)    Except as provided in subsections (3) and (4), the minimum approval to use fee per year for a water withdrawal approval is $66.15.

 

       (3)    The holder of a water withdrawal approval authorizing the use of water for agriculture, conservation, or beautification purposes is exempt from the approval to use fee.

 

       (4)    To retain a water withdrawal approval if the approval holder temporarily suspends their use of water for more than 90 days, the approval to use fee per year may be reduced to the greater of

 

                (a)    10% of the amount calculated under subsection (1); and

 

                (b)    $265.40.

 

       (5)    The fee reduction provided for in subsection (4) does not apply to a water withdrawal approval that authorizes water withdrawal for use only during one season of the year.


Application fee for Division I water (non-water withdrawal) approval or renewal

9     (1)    The activities requiring a Division I water (non-water withdrawal) approval and included in the categories referred to in subsections (2) and (3) are as set out in the following table:


Table 4

Categories of Non-Water Withdrawal Activities

Category I activities:

construction or maintenance of a culvert

construction or maintenance of a wharf

placement of a rock or other erosion protection material in a surface watercourse

construction or maintenance of a bridge if

 

(i)   a portion of the structure

       of the bridge is in a

       watercourse,

or

(ii)  the use of equipment in the

       watercourse or 3 m from

       the edge of the watercourse

       is required

construction or maintenance of a weir, fishway or other in-stream structure

installation or maintenance of fishing equipment, a fish-way, a counting fence, a fish habitat improvement structure, an aquaculture cage or any similar structure in a watercourse

Category II activities:

Any other alteration of a surface watercourse or the flow of the water in a surface watercourse requiring a Division I water (non-water withdrawal) approval which is not listed as activity under another category.

 

       (2)    Except as provided in subsection (3), the application fees for an initial water approval or for a renewal of the approval for each term as required under Division I of the Activities Designation Regulations, other than for a water withdrawal approval under clause 5(1)(a), by category of water (non-water withdrawal) approval are as follows:

 

                (a)    Category I.............................................................................................$124.60

 

                (b)    Category II............................................................................................$311.45

 

       (3)    The application fee set out in subsection (2) does not apply to an application by the Department of Transportation and Infrastructure Renewal.


Application fee for Division IV salvage yard approval or renewal

10   The application fee for an initial salvage yard approval or a renewal of the approval for ten years under Division IV of the Activities Designation Regulations is $330.05.


Application fees for Division V industrial approval or renewal

11   (1)    The activities requiring an industrial approval as listed in the “Parts” under the Division V-Industrial Approvals provisions of the Activities Designation Regulations and included in the categories referred to in subsection (2) are as set out in the following table:


Table 5

Categories of Activities Requiring Industrial Approval

Category I activities:

Part 1: Chemical plants

  chemical manufacturing

  fertilizer manufacturing

  explosives manufacturing

  pesticide manufacturing

  petrochemical

   manufacturing

  coke or carbon

   manufacturing

  pharmaceutical

   manufacturing

Part 2: Construction

•cement plant

Part 3: Food or fish and animal by-product

•fish meal plant

Part 4: Metal

   iron and steel mill

Part 5: Mineral

•mineral processing plant

Part 6: Oil and gas

•oil refinery

•natural gas

 processing plant

Part 7: Wood product plants

   pulp manufacturing

   pulp and paper

    manufacturing

   wood treatment

Part 8: Primary manufacturing plants

•textile manufacturing

•tire manufacturing

Part 9: Power plants

•power plant

Part 11: Biotechnology

   biotechnology products

    manufacturing plant

Part 12: Miscellaneous

•industrial incinerator

•industrial landfill

 

Category II activities:

An activity designated in the Division V industrial approvals under the Activities Designation Regulations that is not listed as an activity under another category.

Category III activities:

Part 1: Chemical

     fertilizer storage

       facility

     industrial cleaners

      manufacturing facility

Part 2: Construction

•asphalt paving plant

•stationary ready mix

 concrete plant

•pit

•topsoil removal operation

Part 3: Food or fish and animal by-products

•inland fish processing

 plant

•fish silage operation

Part 5: Minerals

     bulk sample site

     bulk solids handling

      loadout facility

Part 6: Oil and gas

•brine storage pond

•used oil collection facility

 with storage capacity of

 less than 50 000 L

 (otherwise under category

 II)

Part 12: Miscellaneous

•crematorium

•cemetery

 

       (2)    The application fee for an initial industrial approval or for a renewal of the approval for each term as required under Division V of the Activities Designation Regulations is as follows:

 

                (a)    Category I...........................................................................................$8625.15

 

                (b)    Category II..........................................................................................$3317.35

 

                (c)    Category III.........................................................................................$1326.95


Environmental Assessment Regulations


Fees for undertakings requiring environmental assessments

12   (1)    The undertakings requiring environmental assessments and included in the categories referred to in subsection (2), are as set out in the following table:


Table 6

Categories of Undertakings Requiring Environmental Assessment

Category I undertakings:

An undertaking designated as a “class II undertaking” as listed in Schedule “A” to the Environmental Assessment Regulations.

Category II undertakings:

An undertaking designated as a “class I undertaking” as listed in Schedule “A” to the Environmental Assessment Regulations except if the undertaking is set out as a Category III undertaking.

Category III undertakings:

A facility for manufacturing wood products that are pressure-treated with chemical products designated as a “class I undertaking” under Section 2 of Part A: Industrial facilities of the Class I Undertakings as listed in Schedule A to the Environmental Assessment Regulations.

An undertaking designated as a “class I undertaking” under Part E: Waste Management of the Class I Undertakings as listed in Schedule A to the Environmental Assessment Regulations.

An undertaking designated as a “class I undertaking” under Part F: Other of the Class I Undertakings as listed in Schedule A to the Environmental Assessment Regulations.

 

       (2)    The fees for a undertaking requiring an assessments under the Environmental Assessment Regulations are as follows:

 

                (a)    Category I undertaking registration...................................................$17 250.40

 

                (b)    Category II undertaking registration.................................................$11 146.40

 

                (c)    Category III undertaking registration...................................................$6369.35

 

                (d)    approval transfer...................................................................................$662.85

 

                (e)    focus report.........................................................................................$6634.75

 

                (f)    environmental assessment report......................................................$17 250.40

                

                (g)    additional information request..............................................1/2 registration fee

 

       (3)    The approval transfer fee set out in clause (2)(d) applies if an approval is transferred from one proponent to another.

 

       (4)    The fees set out in clauses (2)(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.

 

       (5)    In addition to the fees set out in subsection (2), a proponent is responsible for

 

                (a)    all costs associated with an environmental assessment review panel review and hearing; and

 

                (b)    all costs associated with a joint federal-Provincial environmental assessment panel.


Motive Fuel and Fuel Oil Approval Regulations


Application fee for initial motive fuel and fuel oil approval

13   The application fee for an initial motive fuel and fuel oil approval for one year under the Motive Fuel and Fuel Oil Approval Regulations is as follows:

 

                (a)    motive fuel wholesaler........................................................................$1993.50

 

                (b)    motive fuel retailer................................................................................$132.65

 

                (c)    fuel oil wholesaler or fuel oil retailer.....................................................$132.65


Transfer and amendment fee

14   The fee for a transfer of or an amendment to any approval under the Motive Fuel and Fuel Oil Approval Regulations is $132.65.


Application fee for renewal of motive fuel wholesaler approval

15   (1)    Subject to the minimum application fee set out in subsection (2), the application fee for a renewal of a motive fuel wholesaler approval per year under the Motive Fuel and Fuel Oil Approval Regulations is calculated based on the total motive fuel volume sold at the rate per litre of $0.00045.

 

       (2)    The minimum fee for applying to renew a motive fuel wholesaler approval per year is $1993.50.


Application fee for renewal of motive fuel retailer approval

16   The application fee for a renewal of a motive fuel retailer approval per year under the Motive Fuel and Fuel Oil Approval Regulations is calculated based on the number of motive fuel nozzles under the approval at the rate per nozzle of $26.50.


Application fee for renewal of fuel oil approval

17   (1)    Except as provided for in subsection (3), the application fee for the renewal of a fuel oil approval per year, either wholesale or retail, is as follows:

 

                (a)    if the volume is less than 50 000 L..........................................................$13.30

 

                (b)    if the volume is greater than 50 000 L, subject to the minimum fee set out in subsection (2), the application fee for the renewal of a fuel oil wholesaler or fuel oil retailer approval per year under the Motive Fuel and Fuel Oil Regulations is calculated based on the total fuel oil volume sold at the rate per litre of $0.000130.

 

       (2)    The minimum application fee for applying to renew a fuel oil wholesaler or fuel oil retailer approval per year for a volume greater than 50 000 L is $132.65.

 

       (3)    The application fee for the renewal of a fuel oil retailer approval is waived if the applicant is also applying to renew a fuel oil wholesaler approval.


On-site Sewage Disposal Systems Regulations


Fee for reviewing subdivision report

18   The fees for reviewing 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...............$232.35

 

                (c)    for a subdivision with more than 10 lots................................................$630.45


Application fee for on-site sewage installer certificate of qualification or renewal

19   The application fee for an initial on-site sewage installer certificate of qualification or for a renewal of the certificate of qualification per year as required under the On-site Sewage Disposal Regulations is $166.05.


Application fee for on-site sewage disposal system approval or renewal

20   The application fee for an initial on-site sewage disposal system approval, for installation within in a specified term, or for a renewal of the approval as required under the On-site Sewage Disposal Systems Regulations is $66.35.


Pesticide Regulations


Application fee for pesticide certificate of qualification or renewal

21   (1)    Subject to the reduced fee for applications for additional certificates of qualification provided for in subsection (2), the application fee for an initial certificate of qualification or a renewal of the certificate of qualification for five years and by class of certificate of qualification as established under the Pesticide Regulations are as follows:

 

                (a)    Class I – Vendor.....................................................................................$66.35

 

                (b)    Class II – Structural................................................................................$66.35

 

                (c)    Class III (A) – Forestry...........................................................................$66.35

 

                (d)    Class III (B) – Greenhouse......................................................................$66.35

 

                (e)    Class III (C) – Industrial Vegetation........................................................$66.35

 

                (f)    Class III (D) – Landscape.......................................................................$66.35

 

                (g)    Class IV – Mosquito and Biting Fly........................................................$66.35

 

                (h)    Class V – Aquatic Vegetation.................................................................$66.35

 

                (i)     Class VI – Fumigation............................................................................$66.35

 

                (j)     Class VII – Aerial...................................................................................$66.35

 

                (k)    Class VIII – Agricultural.........................................................................$66.35

 

                (l)     Class X – Special...................................................................................$66.35

 

       (2)    If a person applies for more than one class of pesticide certificate of qualification or renewal, the fee is $66.35 for the first application plus $13.30 for each additional class applied for.

 

       (3)    The application fee for an initial certificate of qualification or a renewal of the certificate of qualification for a one year period for a Class IX – Business Operator under the Pesticide Regulations is $33.00.


Application fee for pesticide approval or renewal

22   The application fees for an initial pesticide approval or a renewal of the approval as required under Division II of the Activities Designation Regulations and the Pesticide Regulations are as follows:

 

                (a)    a pesticide (non-forestry) approval for an area up to 20 ha.....................$132.65
plus add for each additional ha over 20 ha................................................$5.30

 

                (b)    a pesticide (forestry) approval for an area up to 6 ha...............................$66.35
plus add for each additional ha over 6 ha..................................................$5.30


Petroleum Management Regulations


Annual registration fees for petroleum storage tank or system

23   (1)    Subject to the fee reduction provided for in subsection (2), the registration fees per year for a petroleum storage tank or a petroleum storage tank system that is either

 

                (a)    an underground tank with a nominal capacity of 2000 L or greater;

 

                (b)    an above-ground tanks with a nominal capacity of 4000 L or greater,

 

are as follows:

 

                       at a bulk plant.......................................................................................$132.65

                       at a motive fuel outlet...........................................................................$132.65

                       at an industrial facility...........................................................................$132.65

                       at a commercial facility.........................................................................$132.65

                       at a marina............................................................................................$132.65

                       at a government facility..........................................................................$66.35

 

       (2)    The registration fee per year for a petroleum storage tank or petroleum storage tank system is reduced by 50% if the person registering the tank or system voluntarily obtains and provides proof of insurance coverage for a leak or release from the tank or system which is acceptable to the Department.


Used Oil Regulations


Application fees for a used oil collector approval or renewal

24   (1)    Subject to the minimum application fee set out in subsection (2), the application fees for an initial used oil collector approval or for a renewal of the approval as required under the Used Oil Regulations are as follows:

 

                (a)    for facility with storage capacity of less than 50 000 L..........................$132.65

 

                (b)    for facility with storage capacity of greater than 50 000 L................$0.00265/L

 

       (2)    The minimum application fee for a used oil collector approval or renewal is $132.65.


Water and Wastewater Facilities and Public Drinking Water Supplies Regulations


Application fee for facility classification or reclassification

25   The application fee for a water and wastewater facility classification or re-classification as required under the Water and Wastewater Facilities and Public Drinking Water Supplies Regulations is $132.65.


Examination fee for operator in training operator certification exam

26   The examination fee for the writing of the exam for an operator in training operator certification under the Water and Wastewater Facilities and Public Drinking Water Supplies Regulations is $27.25.


Application fees for operator certification certificate or renewal

27   The application fees for an initial operator certification certificate or a renewal of the operator certification certificate for four years as required under the Water and Wastewater Facilities and Public Drinking Water Supplies Regulations for all types are as follows:

 

                (a)    initial operator certification certificate...................................................$100.00

 

                (b)    renewal of operator certification certificate..............................................$61.15


Well Construction Regulations


Application fees for well construction certificate of qualification or renewal

28   The application fees for an initial well driller, well digger and pump installer certificate of qualification or for a renewal of the certificate of qualification per year as required under the Well Construction Regulations are as follows:

 

                (a)    for a well driller using 1 machine..........................................................$350.00
plus add for each additional machine to be used....................................$145.75

 

                (b)    for a well digger using 1 machine.........................................................$116.65
plus add for each additional machine to be used......................................$33.00

 

                (c)    for a Class I well pump installer............................................................$116.65

 

                (d)    for a Class II well pump installer............................................................$58.30