This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. 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. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2016, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
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)
as amended to N.S. Reg. 69/2016 (April 12, 2016)
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.
Filing fees for remediation reports
Fee for request for information from the environmental registry
Application fee for appeal to Minister
Part 2: Regulations Made Under the Environment Act
Activities Designation Regulations
Application fee for Division I water (water withdrawal) approval or renewal
Annual administration fee for Division I water (water withdrawal) approval
Application fee for Division I water (non-water withdrawal) approval or renewal
Application fee for Division IV salvage yard approval or renewal
Application fees for Division V industrial approval or renewal
Environmental Assessment Regulations
Fees for undertakings requiring environmental assessments
Motive Fuel and Fuel Oil Approval Regulations
Application fee for initial motive fuel and fuel oil approval
Application fee for renewal of motive fuel wholesaler approval
Application fee for renewal of motive fuel retailer approval
Application fee for renewal of fuel oil approval
On-site Sewage Disposal Systems Regulations
Fee for reviewing subdivision report
Application fee for on-site sewage installer certificate of qualification or renewal
Application fee for on-site sewage disposal system approval or renewal
Application fee for pesticide certificate of qualification or renewal
Application fee for pesticide approval or renewal
Petroleum Management Regulations
Annual registration fees for petroleum storage tank or system
Application fees for a used oil collector approval or renewal
Water and Wastewater Facilities and Public Drinking Water Supplies Regulations
Application fee for facility classification or reclassification
Examination fee for operator in training operator certification exam
Application fees for operator certification certificate or renewal
Application fees for well construction certificate of qualification or renewal
1 These regulations may be cited as the Fees Regulations.
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.
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
Category IV activities:
Part 3: Food or fish and animal by-products
dairy or dairy products plant that processes less than 250 000 L of milk per year
Subsection 11(1), Table 5, Category IV added: N.S. Reg. 69/2016.
(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
(d) Category IV..........................................................................................$484.00
Clause 11(2)(d) added: N.S. Reg. 69/2016.
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
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.
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.
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
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
Legislative History
Reference Tables
Fees Regulations |
N.S. Reg. 176/2015 |
Environment Act |
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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 Fees Regulations made under the Environment Act includes all of the following regulations:
N.S. |
In force |
How in force |
Royal Gazette |
176/2015
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Apr 1, 2015 |
date specified |
Apr 8, 2015 |
69/2016 |
Apr 12, 2016 |
date specified |
Apr 29, 2016 |
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The following regulations are not yet in force and are not included in the current consolidation:
N.S. |
In force |
How in force |
Royal Gazette |
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*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
ad. = added |
fc. = fee change |
rep. = repealed |
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Provision affected
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How affected
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11(1), Table 5, Category IV............. |
ad. 69/2016
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11(2)(d)............................................. |
ad. 69/2016
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Note that changes to headings are not included in the above table.
Editorial Notes and Corrections:
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Note |
Effective |
1 |
The reference to the Department of Transportation and Infrastructure Renewal in s. 9(3) should be read as a reference to the Department of Transportation and Active Transit in accordance with O.I.C. 2021-56 under the Public Service Act, R.S.N.S. 1989, c. 376. |
Feb 23, 2021 |
2 |
The reference to the Department of Transportation and Infrastructure Renewal in s. 9(3) should be read as a reference to the Department of Public Works in accordance with O.I.C. 2021-209 under the Public Service Act, R.S.N.S. 1989, c. 376. |
Aug 31, 2021 |
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Repealed and Superseded:
N.S. |
Title |
In force |
Repealed |
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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.