ENVIRONMENTAL LAW : REGULATIONS AND LEGISLATION
protection, which provides that employers may not dis- miss, discipline, penalize or intimidate any employees who report environmental offences by their employers. As a balance to ensure that disgruntled employees do not misuse the provision, it is an offence to intentionally provide false or misleading information.
New Brunswick and Nova Scotia – Brownfi elds Legislation The potential liability associated with unused or underused contaminated commercial and industrial properties, known as brownfi eld sites, is a signifi cant barrier to their sale and redevelopment. However, New Brunswick and Nova Scotia are both working to enact legislation that, if implemented, will add some regulatory certainty to the remediation process and enable property owners to signifi cantly reduce their exposure to statutory liability. New Brunswick is in the process of creating a new regulatory regime for brownfi elds. The new regula- tions will codify criteria and requirements for remedi- ation of brownfi eld sites, such as environmental site assessments, contaminant concentration levels for remediation, Records of Site Condition, and closure reports. Once a site is remediated to specifi ed stan- dards it will be possible to get permanent closure of the remediation fi le for the site, which will provide immunity against the issuance of a remediation order in the future. While signifi cant, this immunity can be lost if new and different contamination is discovered. It is also subject to an exception regarding emergency situations and threats to human health or the en- vironment.
For its part, Nova Scotia Environment has published
draft regulations to effect changes to its brownfi elds regulatory regime. Like the plan being implemented by New Brunswick, it will be possible for site owners to undertake a remediation process (culminating in the fi ling of a Declaration of Property Condition) that will provide limited protection against clean-up orders. The protection will extend to persons who previously, cur- rently or subsequently own, occupy or have care, man- agement or control of the property.
Gregory A.C. Moores St. John's, NL 709.570.5797
gmoores@stewartmckelvey.com
Colm St. Roch Seviour St. John's, NL 709.570.8847
cseviour@stewartmckelvey.com
Robert G. Grant, Q.C. Halifax, NS 902.420.3328 rgrant@stewartmckelvey.com
Keith G. Sutherland Halifax, NS 902.444.1737
ksutherland@stewartmckelvey.com
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