Compliance and Enforcement Under the Environment Act

How does the Environment Act work in Nova Scotia?

The Environment Act lays out the framework that companies, individuals, and governments must follow in order to help manage and protect Nova Scotia's environment. In addition to the Act, there are also a number of regulations to protect specific things in our environment, such as our water supplies.

Every citizen and company working in this province has a responsibility to know about, understand, and meet their responsibilities under the Environment Act. Government helps by conducting education programs and producing guides and other tools to help Nova Scotians meet their obligations.

The Environment Act is the main legal authority for most environmental approvals by which ECC regulates. Three primary regulations are Environmental Assessment (EA) Regulations, Activities Designation Regulations (ADR), and Approval and Notification Procedure Regulations. Learn more about our environmental approval process

What are environmental approvals and who needs them?

Many activities must be approved in advance before they are allowed to proceed. This is done to ensure the activity site is environmentally acceptable, and/or the methods and materials used and wastes generated will not cause adverse environmental effects.

An approval contains terms and conditions that the approval holder must follow to prevent adverse effects and comply with the law.

There could potentially be a number of obligations for a company or an individual to meet under the Environment Act and its regulations. So it's important to plan ahead and know what is expected of you to be in compliance with environmental laws. The Activities Designation Regulations and the Environmental Assessment Regulations identify in detail the types of activities that require environmental approvals. Some of them include:

using significant quantities of surface water or ground water
altering an existing watercourse
selling or applying commercial or restricted pesticides
managing a personal, public or municipal drinking water supply
undertaking projects that have the potential to cause significant disruption to the environment, such as mining, dangerous goods handling, or pulp and paper mills
storing, handling or transporting dangerous goods
processing food
manufacturing or processing chemicals, metals, or industrial waste
refining, processing or storing oil, gas, or petroleum

For a complete list of activities requiring approvals, consult the Activities Designation Regulations, Schedule A of the Environmental Assessment Regulations and A Citizen's Guide to Environmental Assessment PDF Download Link (PDF:519k), or contact the local office.

Certificates of Qualification

In addition to approvals, Certificates of Qualification are required to demonstrate that an individual conducting a specific activity is qualified to do so. Examples include certificates to apply pesticides or install on-site sewage disposal systems. To determine whether a Certificate of Qualification is needed or how to obtain one, contact your local Nova Scotia Environment office.

Government's Role...

How does government determine if a company or individual follows the law?

Nova Scotia Environment has more than 60 inspectors who have a right and a duty to promote and enforce compliance with the Environment Act and regulations. The department promotes compliance by educating the public and industry to help them to achieve compliance and by conducting inspections to determine compliance. Sometimes enforcement action is needed to compel compliance.

What is compliance?

Compliance is when a company or individual meets all of the provisions in the Environment Act and regulations that apply to them. In the case where there is an approval or Certificate of Qualification, compliance refers to having met all of the terms and conditions that are part of that approval or certificate.

What is enforcement?

Enforcement is a course of action taken against a company or individual that is responsible for a past or ongoing violation of the Environment Act. Enforcement action would only take place following an investigation.

What is the role of inspectors?

Inspectors must promote and, when necessary, enforce compliance with the Environment Act and regulations. Each year, Nova Scotia Environment inspectors conduct more than 18,000 inspections and investigations. Inspectors are authorized by the Act to enter any place other than private dwellings, without a search warrant, for the purpose of administering the Act.

What triggers an inspection?

An inspector may conduct an inspection for any of the following reasons:

Application Review

An inspection to gather necessary information required to evaluate an activity and determine whether it should be approved. Inspectors are not there to assist proponents in site selection or the design features of an activity.

Ad-hoc

An unscheduled inspection in response to an unexpected observation, report or complaint of an incident or activity which relates to a matter regulated by the department.

Complaint, Inquiry or Response to Incident or Occurrence

An inspection conducted to determine whether a report of an alleged violation, occurrence or adverse effect warrants further response. The inspector must determine if, in fact, the report is true, whether the matter warrants further investigation or enforcement action, or whether measures must be taken to control, treat or remove a substance which may cause an adverse effect.

Risk-Based Compliance Audit

A regularly scheduled audit, the frequency of which is determined by a process of risk assessment. This comprehensive audit evaluates compliance with all requirements of an approval and regulations and is the primary means by which operational approvals are monitored over time.

Follow Up Compliance Inspection/Monitoring

An inspection or follow-up monitoring necessary to verify compliance with a specific requirement(s). It may not include a comprehensive audit of all aspects of a facility. Compliance monitoring is commonly conducted to verify adherence to specific instructions given by department staff in response to a specific incident, or as stipulated as a consequence of a prosecution outcome.

Sector/Issue Targeted

A series of focussed audits or inspections of a specific sector or group of activities to assess the state of compliance at any given point in time. These inspections commonly target approved activities that are not operational in nature (e.g., on-site sewage installations), and therefore not subject to the risk-based auditing process.

What happens if you think the Environment Act is being violated...

How can I make a complaint?

If you believe an individual or company is breaking the rules set out in the Environment Act you should report it as soon as possible to Nova Scotia Environment. During normal working hours you can call your closest office. After business hours or on weekends or holidays, environmental emergencies can be reported by calling 1-800-565-1633. Non-emergencies should be reported on the next business day.

Nova Scotia Environment takes every complaint seriously. Staff prioritize and address every complaint received. If you believe your complaint has not been addressed properly or that an offence continues to occur, Section 115 of the Environment Act gives you the right to make a formal application to the department to have an alleged offence investigated. You can learn about making a formal application by contact an Nova Scotia Environment office.

What does Nova Scotia Environment do when it receives a complaint?

When receiving the complaint, staff will request as much information about the alleged offence as you can provide. It is important for you to provide information that is as specific and as detailed as possible, so that the inspector can effectively follow-up on the complaint.

What is my responsibility as a complainant?

If it is determined further investigation is required, we may ask you, as the complainant, to provide us with a formal witness statement. This statement will become part of the investigation and will be used to help determine the best course of action to correct the situation and achieve compliance. If the investigation leads to charges, you could be required to be a witness in court - especially if there is no other information to prove the offence.

What can an inspector respond to?

An inspector can respond to any alleged violation of the Environment Act or its regulations, including:

releases of substances that may cause adverse effects
designated activities being undertaken without the required Approvals
violations of conditions of an Approval
violations of the Environment Act or regulations made pursuant to the Act

What can an inspector not respond to?

nuisance complaints, unsightly premises
issues which are not the subject of the Environment Act or any regulations
complaints where there is insufficient information to proceed with an inspection
unsubstantiated complaints of a broad sweeping nature

When is it appropriate to take enforcement action?

Investigations are conducted by an inspector. Each inspector has the authority to make a decision on enforcement based on the individual merits of each case. Enforcement actions can be warranted when an inspector has evidence to prove that a violation of the Act has occurred or is continuing to occur.

What happens to a company or individual if a violation of the Act is found?

Our first priority is to get the problem corrected to avoid or limit any negative impact on the environment. Every instance of non-compliance is documented and followed up. Our next steps depend on the circumstances surrounding each specific offence.

In some cases, compliance is encouraged without taking enforcement action, such as:

working with partners and clients to adopt plans and management systems to prevent pollution
educating the public and business community on the best ways to prevent, reduce, or eliminate harmful effects on our environment
supporting and delivering education and training programs
supporting the development and use of new approaches and technologies

Inspectors must use a defensible rationale when deciding not to take enforcement action in instances of non-compliance, and this rationale must be documented.

An inspector may have a reasonable expectation that compliance can be achieved in a timely manner through non-punitive means when the alleged offender has demonstrated a willingness to co-operate and it is possible to identify an appropriate non-punitive mechanism that will result in compliance.

Inspectors would not choose non-punitive action to achieve compliance when:

damage to the environment or risks/impacts to public health have occurred
the offence was committed knowingly
the Inspector was obstructed in their duties
there is no reasonable expectation compliance will be achieved in a timely manner
there has been a history of non-compliance
protection of the environment and public health would not be satisfied using other means

Enforcement actions are warranted when an inspector has reasonable and probable grounds to believe that a violation of the Act has occurred or is continuing to occur, and is able to prove the required elements of the offence. When the investigation leads to enforcement action, the inspector has four options:

Warning Ticket - Warnings are a formal notification of the offence and are placed on record but do not carry a penalty.
Summary Offence Ticket - Tickets carry a monetary penalty and may be paid without attending court if a person pleads guilty, or may proceed to a trial if a person pleads not-guilty.
Long Form Information - This type of charge compels a person to attend court and enter a plea.
Order - An order contains specific directions and time limits which must be completed by the person named. It is a prosecutable offence not to follow an order.

What training do inspectors receive to help them to do their job?

Nova Scotia Environment employs inspectors who are educated in environmental and/or public health science and technology. Inspectors are trained in investigations and enforcement. They are appointed inspectors and peace officers to enable them to conduct enforcement activities.

The department also employs a small group of Compliance Coordinators who specialize in investigations and enforcement. The coordinators support inspectors by providing advice and assistance. A coordinator may lead the investigation in certain extenuating circumstances.

Who is responsible for cleanups and environmental rehabilitation?

The Environment Act is based, in part, on the "polluter pays" principle. This means anyone who creates an adverse effect on the environment is responsible to take remedial action and pay for the costs of that action. If the department has had to take action in an emergency when the responsible person is unable or unwilling to act, the department may take legal action to recover costs following the incident.

All Nova Scotians have a shared responsibility to protect and sustain the environment both through individual and government actions. For more information on environmental compliance and enforcement, contact your local office of Nova Scotia Environment.

Important Notice

This document is intended to provide a general overview of compliance and enforcement methods. It is not to be considered as a substitute for consulting with Nova Scotia Environment, any legislation or policies, legal counsel, or as a guarantee of the process used or outcome of a particular situation. Individual circumstances will dictate the specific steps used and outcomes of each situation.

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