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environment or the life, health, or propertyof a person. The contravention or violationof the EPA by any person or corporation willresult in penalties, as specified in the EPA,including fines, imprisonment, payment ofrestitution, or a combination of these.The EPA does not provide specifically for adue diligence defence in the event a personis charged with an offence. However, theoffences in the EPA are public welfareoffences and this defence may neverthelessbe open to persons charged. Therefore, asin other jurisdictions, the importance ofestablishing an effective environmentalmanagement system cannot beunderstated.As with many other provincial and federalenvironmental statutes, the EPA providesfor certain types of director/officer liability, inparticular where an officer or director“directs, authorizes, assents to, acquiescesin, or participates in” the commission of anoffence carried out by the corporation. Adirector or officer may be liable on summaryconviction to a fine not less than $200 ormore than $10,000 or to imprisonment for90 days, or both.When initiating any undertaking (includingconstruction, industry, operation or otherprojects), a written proposal must be filedwith the Department and approval must begiven before the undertaking proceeds.When considering proposals, the Ministermay require an environmental impactassessment and statement to be carried outand submitted. During this process, theapplication for assessment will be reviewedand the public will receive an opportunity toreview the proposed project and makecomments or identify concerns. Followingthis process, the Minister will approve ordeny the project.Environmental Impact AssessmentGuidelines and current projects underreview can be found on the Government ofPrince Edward Island website. A full list ofapplications for licences, certificates andpermits is included on the provincialwebsite. There are specific applications forpesticide vendors, petroleum storage tankcontractors, water and wastewater facilitiesoperators, persons handling and purchasingozone depleting or regulated substances,and persons carrying on watercourse,wetlands and buffer zone activities, amongothers.Nova ScotiaThe Environment Act is the primaryenvironmental legislation in Nova Scotia.The Act was amended in some significantways in 2012. For instance, theamendments expanded the power ofinspectors to issue directives asenforcement tools, and the Act now placesa reporting obligation on any person whodiscovers or is aware of an unlawfulrelease.One of the biggest changes in theregulatory regime in Nova Scotia was therecent coming into force of newContaminated Sites Regulations (in forceJuly 6, 2013), and the related release ofMinisterial Protocols that govern, amongother things, notification of contaminationand remediation of contaminated sites. TheRegulations provide for a process that willlead to a form of regulatory closure, either a“Record of Site Condition” or a “Declarationof Property Condition”. The RegulationsEnvironmental Law 119

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