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Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation. |
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Beaches Regulations
made under Section 13 of the
Beaches Act
R.S.N.S. 1989, c. 32
O.I.C. 89-580 (effective May 17, 1989), N.S. Reg. 70/1989
amended to O.I.C. 2015-96 (effective April 1, 2015), N.S. Reg. 75/2015
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Administration
Management of lands adjacent to a beach
Removal of beach aggregate
Development of a beach
Restricted activities
Domestic animals
Vehicles
Vessels
Production of permit
Signs/notices
Penalty
Repeal of old regulations
Effective date of new regulations
Citation
1 These regulations may be cited as the “Beaches Regulations”.
Definitions
2 In the Act and these regulations
(a) “Act” means the Beaches Act;
(b) “beach attendant” means a person appointed pursuant to Section 3;
(c) “develop” means the construction of a path, trail or road on a beach or the
erection or placement on a beach of a building, structure or other manmade
feature not indigenous to the site;
(d) “Department” means the Department of Lands and Forests;
(e) “Minister” means the Minister of Lands and Forests;
(f) “mean high water mark” means
(i) the line on the seashore reached by the average of the mean high tides of
the sea between the spring and neap tides in each quarter of a lunar
revolution during the year excluding only extraordinary catastrophes or
overflows, or
(ii) the line on the shore of a lake or river usually reached by the water after
the great flow of the spring has abated and the lake or river is in its
ordinary state, and
(iii) for the purposes of determining the boundaries of a parcel of land at a
place in respect to which there is no record of tides extending at least
over one year, the visible high water mark, that is, the point fixed by
signs on the ground such as the state of vegetation and accumulation of
debris;
(g) “structure” includes a building, camp, trailer, tent, houseboat, raft, wharf, post,
fence or wall.
Administration
3 The Minister may appoint a person, including a casual employee of the Department, as a
beach attendant to perform on one or more beaches such duties as may be assigned from
time to time by the Department.
Management of lands adjacent to a beach
4 The Minister may enter into a management agreement with the owner or occupier of land
adjacent to a beach.
Removal of beach aggregate
5 (1) The Minister may issue a permit to a person for the removal for personal or
domestic purposes approved by the Department of sand, stone or other material
from a beach, provided the permit states
(a) the purpose for which the material is to be used;
(b) the amount of material to be removed;
(c) the type of material to be removed;
(d) the location from which the material is to be removed;
(e) the means by which the material is to be removed;
(f) the period of time during which the material is to be removed; and
(g) the condition in which the beach is to be left after the material is removed.
(2) The fee to be charged by the Minister for a permit for the removal of sand, gravel,
stone or other material from a beach shall be as follows:
(a) an administration fee of $24.91 for 10 cubic yards or less when used for
personal or domestic purposes approved by the Department;
(b) an administration fee of $24.91 plus a charge of $0.54 per cubic yard/$0.71
per cubic metre or $0.37 per ton/$0.41 per tonne for more than 10 cubic yards
when used for personal or domestic purposes.
Development of a beach
6 No person shall develop a beach without the prior written authorization and approval of
the Minister.
Restricted activities
7 Except as provided in the Act or with a permit from the Minister, no person shall, while
on a beach,
(a) wilfully remove, deface or injure any natural object, tree, shrub, plant or grass;
(b) wilfully remove, deface, damage or destroy a signboard, sign or notice placed
on a beach or adjacent to a beach;
(c) wilfully remove or displace any rock, mineral, fossil, sand, gravel or other
aggregate or object of natural curiosity or interest;
(d) display a sign or advertisement;
(e) sell or offer for sale an article or service or thing or carry on a business;
(f) alter, damage or destroy any watercourse; or
(g) leave a fire unattended until it is completely extinguished.
Domestic animals
8 (1) No person who owns or is in control of a domestic animal shall permit it to be at
large on a beach where a sign or notice is posted by the Department that domestic
animals are to be kept on a leash.
(2) For the purpose of subsection (1), a domestic animal is deemed to be at large
unless the animal is on a leash which does not exceed six feet in length and which
is hand-held or securely tied and restricts the animal from running loose.
(3) Except with a permit from the Minister, which will prescribe appropriate
restrictions relative to time, area and conditions, no person shall ride or walk a
horse on a beach.
(4) No person who owns or is in control of a domestic animal shall fail to clean up any
animal excrement or mess left on a beach by that animal.
Vehicles
9 (1) Except with a permit from the Minister, it shall be an offence to have or use a
vehicle on a beach.
(2) Subsection (1) does not apply to a vehicle used to launch a vessel on a beach.
Vessels
10 Except with a permit from the Minister, no person shall operate a vessel in excess of five
miles per hour within 200 feet of a beach when another person is known by the operator
of the vessel to be present on the beach.
Production of permit
11 Every person issued a permit under the Act or [these] regulations shall produce the same
for inspection when requested to do so by the Minister, a peace officer or beach attendant.
Signs/notices
12 (1) The Minister may cause to be marked or erected a sign, notice, map or other device
to permit, restrict or prohibit an activity on a beach.
(2) It shall be an offence for a person to fail to comply with a sign, notice, map or
other device erected pursuant to subsection (1).
Penalty
13 A person convicted of any violation of the[se] regulations shall incur a penalty of not less
than fifty dollars nor more than two thousand dollars.
Repeal of old regulations
14 Regulations made by Order in Council 76-622 dated the 25th of May, 1976, are rescinded
as and from the 17th day of May, 1989.
Effective date of new regulations
15 These regulations shall come into force on and after the 17th day of May, 1989.
Legislative History
Reference Tables
Beaches Regulations |
N.S. Reg. 70/1989 |
Beaches Act |
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only. |
Source Law
The current consolidation of the Beaches Regulations made under the Beaches Act includes all of the following regulations:
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70/1989
|
May 17, 1989 |
date specified |
Jun 1,
1989 |
47/2004 |
Apr 1,
2004
|
date
specified
|
Apr 6,
2004
|
81/2007 |
Apr 1,
2007
|
date
specified
|
Mar
30, 2007
|
136/2008 |
Apr 1,
2008
|
date
specified
|
Apr
18, 2008
|
78/2009 |
Apr 1,
2009
|
date
specified
|
Apr
14, 2009
|
51/2011 |
Apr 1,
2011
|
date
specified
|
Apr
15, 2011
|
77/2013 |
Apr 1,
2013
|
date
specified
|
Apr
12, 2013
|
75/2015 |
Apr 1,
2015
|
date
specified
|
Apr 8,
2015
|
The following regulations are not yet in force and are not
included in the current consolidation:
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended |
fc. = fee change
ra. = reassigned |
rep. = repealed
rs. = repealed and substituted |
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|
5(2)(i)............................................... |
fc. 47/2004, 81/2007; ra.
as 5(2)(a) 136/2008 |
5(2)(ii).............................................. |
fc. 47/2004, 81/2007; ra.
as 5(2)(b) 136/2008 |
5(2)(a)............................................... |
ra. from 5(2)(i) 136/2008;
fc. 136/2008, 78/2009, 51/2011, 77/2013, 75/2015 |
5(2)(b)............................................... |
ra. from 5(2)(ii) 136/2008;
fc. 136/2008, 78/2009, 51/2011; rs. 77/2013, 75/2015 |
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Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
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1 |
References in clauses 2(d) and (e) to the Department of
Lands and Forests and Minister of Lands and Forests should be read as
references to the Department of Natural Resources and Minister of Natural
Resources in accordance with Order in Council 1991-1 under the Public Service Act, R.S.N.S. 1989, c.
376. |
Sep 16, 1991 |
2 |
References in clauses 2(d) and (e) to the Department of
Lands and Forests and Minister of Lands and Forests should be read as
references to the Department of Lands and Forestry and Minister of Lands and
Forestry in accordance with Order in Council 2018-188 under the Public Service Act, R.S.N.S. 1989, c.
376. |
Jul 5, 2018 |
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Repealed and Superseded:
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45/1976 |
Beaches
Preservation and Protection Act Regulations
|
May
25, 1976
|
May
17, 1989
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Note: Only regulations
that are specifically repealed and replaced appear in this table. It may not reflect the entire history of
regulations on this subject matter.