Nova Scotia Environment is proposing to make changes to the Environment Act and to introduce new regulations that will allow administrative penalties to serve as a tool to increase compliance and strengthen environmental protection.

What are administrative penalties?

Administrative penalties are monetary penalties given to a person or company for doing something that is against the law, or for failing to do something required under the law.

These penalties can be used for a range of offences, such as failing to meet the terms and conditions set out in an approval from Nova Scotia Environment, or the penalty could be applied against the approval holder for failing to meet the requirements of a directive – the must-do instructions from an inspector, such as submitting a report or taking samples of air, soil or water.

Administrative penalties are different from fines because they are administered by government, rather than the court system. They are another tool to ensure people follow the laws that protect the environment and health of Nova Scotians.

NOTE: the new administrative penalties regulations will not create any new obligations.

How will they be applied?

Administrative penalties will be applied to approval holders, or those employed by approval holders, who do not follow the terms and conditions set out by Nova Scotia Environment.

Penalties will apply to certain types of approval holders, based on the risk of causing harm to the environment. Administrative penalties are being considered for these types of approvals:

• industrial (such as mining, electricity generation, and pulp and paper facilities)
• asbestos
• dangerous goods
• municipal (water and sewage treatment and septage)
• solid waste
• registered public drinking water supplies
• approval holders who have failed to comply with a requirement in a directive

For more information

For more information, please see the discussion document (PDF:122k).

The consultation period is now closed

Thank you to everyone who has submitted feedback. All information received is being reviewed and considered. The work on the new administrative penalty program continues. Please return to this webpage for updates.

Questions

Contact us via email: policy1@novascotia.ca