- Updated to: May 22, 2012 -
(Approved
on May 2, 2012)
(Click
HERE for Previous Version of this
Regulation)
CHAPTER E-9
ENVIRONMENTAL
PROTECTION ACT
WATERCOURSE AND WETLAND PROTECTION REGULATIONS
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PART 1
- DEFINITIONS |
Definitions
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1. In this
regulations |
Act |
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(a) "Act" means the
Environmental Protection Act; |
agricultural crop |
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(b) "agricultural
crop" means any crop that is cultivated for the production of food,
fibre or pharmaceuticals, and without limiting the generality of the
foregoing, includes row crops; |
authorization |
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(c) "authorization"
means an authorization in respect of an intensive livestock operation,
granted pursuant to section 10, and includes an amended authorization,
and an authorization varied or confirmed by the Commission pursuant to
section 13; |
bog |
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(d) "bog" means a
wetland covered by sphagnum mosses, with peat underneath; |
buffer zone |
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(e) "buffer zone"
means the 15-metre-wide area referred to in section 3; |
certificate |
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(f) "certificate"
means a valid and current Watercourse, Wetland, and Buffer Zone Activity
Certificate granted pursuant to section 4; |
cultivate |
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(g) "cultivate" means
to dig, plant, cut, prune, irrigate, fertilize, tend, till, manage,
farm, maintain, spray, plough, harvest or engage in any other activity
related to growing or harvesting, and "cultivation" means the act of
doing any of the above; |
Department |
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(h) "Department"
means the Department of Environment, Energy and Forestry; |
Emergency Field
Order |
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(i) "emergency field
order" means an order issued pursuant to subsection 11(5), and includes
an emergency field order varied or confirmed by the Commission pursuant
to section 13; |
grass
headland exemption |
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(j) "grass headland
exemption" means a grass headland exemption granted pursuant to section
7 and includes an amended grass headland exemption, and a grass headland
exemption varied or confirmed by the Commission pursuant to section 13; |
grass
headland variance |
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(k) "grass headland
variance" means a Grass Headland Variance granted pursuant to section 7,
and includes an amended variance and a variance varied or confirmed by
the Commission pursuant to section 13; |
heavy
equipment |
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(l) "heavy equipment"
includes |
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(i) excavators,
mechanical tree harvesters, porters, skidders, and wood processors, |
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(ii) tractors over 50 horsepower,
and |
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(iii) graders,
front-end loaders, and bulldozers |
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but does not include
wheeled and tracked equipment when being used in the active suppression of
wildfire; |
highway |
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(m) "highway" means
every road, street, lane, or alley which has been created by and is
maintained by the federal, provincial or a municipal government, and is
used by the general public for the passage of vehicles, and includes any
bridges over which every such road, street, lane, or alley is laid; |
inspector |
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(n) "inspector" means |
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(i) a person who has
been appointed as an environment officer pursuant to the Act or
appointed as a conservation officer pursuant to the Wildlife
Conservation Act R.S.P.E.I. 1988, Cap. W-4.1, or who is an ex
officio conservation officer pursuant to that Act, |
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(ii) a person who has
been appointed as a peace officer pursuant to the Police Act
R.S.P.E.I. 1988, Cap. P-11, or |
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(iii) a person who
has been appointed as a natural resources inspector pursuant to the
Wildlife Conservation Act; |
landlocked
pond |
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(o) "landlocked pond"
means an excavated depression or hole in the terrain, that holds water
some or all of the time, and does not have any of the following
characteristics |
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(i) an inlet or
outlet, |
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(ii) hydric soil, or |
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(iii) aquatic or
water-tolerant vegetation; |
license |
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(p) "license" means a
Watercourse, Wetland and Buffer Zone Activity Business License granted
pursuant to section 5, and includes an amended license; |
licensee |
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(q) "licensee" means
a person who holds a license; |
management
plan |
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(r) "management plan"
means a management plan as defined in subsection 9(1), and includes an
amended management plan and a management plan varied or confirmed by the
Commission pursuant to section 13; |
meadow |
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(s) "meadow" means a
wetland that has fluctuating water tables, lacks trees, and is covered
in water-tolerant Graminoid vegetation; |
Minister |
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(t) "Minister" means
the Minister of Environment, Energy and Forestry; |
motor vehicle |
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(u) "motor vehicle"
means a vehicle that is powered, drawn, propelled or driven by any means
other than muscular power; |
officer |
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(v) "officer" means |
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(i) a person who has
been appointed as an environment officer pursuant to the Act, |
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(ii) a person who has
been appointed as a conservation officer pursuant to the Wildlife
Conservation Act, or who is an ex officio conservation
officer pursuant to that Act; |
permit |
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(w) "permit" means a
Watercourse or Wetland Activity Permit or a Buffer Zone Activity Permit
granted pursuant to section 6, and includes an amended permit and a
permit varied or confirmed by the Commission pursuant to section 13; |
permittee |
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(x) "permittee" means
a person who has a permit granted pursuant to these regulations; |
Prince Edward
Island Wetland Inventory |
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(y) "Prince Edward
Island Wetland Inventory" means the geographic information system
database of wetlands on Prince Edward Island maintained by the
Department; |
provincial
parcel of land |
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(z) "provincial
parcel of land" means a parcel of land having a parcel identifier number
assigned by the Provincial Treasury of Prince Edward Island; |
row crop |
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(aa) "row crop" means
any crop planted in rows that are wide enough apart to allow for
inter-row cultivation, and without limiting the generality of the
foregoing, includes potatoes, carrots, rutabagas, onions, cole crops,
string beans, dry beans, sugar beets, beets, sweet potatoes, parsnips,
pumpkins and lettuce; |
seasonally
flooded flats |
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(bb) "seasonally
flooded flats" means a wetland formed by rivers overflowing their banks
to a depth of at least 12 inches annually during spring, winter and late
fall; |
sediment bed |
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(cc) "sediment bed"
means a depression or low area of mud, silt, sand, gravel, rock or
bedrock, or a combination thereof, which has a defined path which was
formed or apparently formed by flowing water; |
shrub swamp |
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(dd) "shrub swamp"
means a wetland containing nutrient-rich, highly decomposed woody plant
and organic material and has as its dominant cover shrubs and herbaceous
vegetation, including but not limited to alders; |
watercourse |
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(ee) "watercourse"
means an area which has a sediment bed and may or may not contain water,
and without limiting the generality of the foregoing, includes the full
length and width of the sediment bed, bank and shore of any stream,
spring, creek, brook, river, lake, pond, bay, estuary or coastal body,
any water therein, and any part thereof, up to and including the
watercourse boundary; |
watercourse
boundary |
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(ff) "watercourse
boundary" means |
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(i) in a non-tidal
watercourse, the edge of the sediment bed, and |
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(ii) in a tidal
watercourse, the top of the bank of the watercourse, and where there is
no discernible bank, means the mean high water mark of the watercourse; |
wetland |
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(gg) "wetland" |
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(i) an area which
contains hydric soil, aquatic or water-tolerant vegetation, and may or
may not contain water, and includes any water therein and everything up
to and including the wetland boundary, and |
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(ii) without limiting
the generality of the foregoing, includes any area identified in the
Prince Edward Island Wetland Inventory as open water, deep marsh,
shallow marsh, salt marsh, seasonally flooded flats, brackish marsh, a
shrub swamp, a wooded swamp, a bog or a meadow; |
wetland
boundary |
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(hh) "wetland
boundary" means where the vegetation in a wetland changes from aquatic
or water-tolerant vegetation to terrestrial vegetation or
water-intolerant vegetation; |
wooded swamp |
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(ii) "wooded swamp"
means a wetland dominated by water-tolerant trees or shrubs growing in a
muck soil and covered by a moss layer at least 30 centimetres thick. |
Reference |
(2) In these regulations,
any reference to a certificate, license, permit, authorization, grass
headland variance or grass headland exemption or management plan, being
required, means a valid and current certificate, license, permit,
authorization, grass headland variance, or grass headland exemption or
management plan, as the case may be. |
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PART II - WATERCOURSES
AND WETLANDS |
Prohibition |
2. (1) No person shall,
without a license or a Watercourse or Wetland Activity Permit, and other
than in accordance with the terms and conditions thereof, alter a
watercourse or a wetland, or any part thereof, or water flow therein, in any
manner, or engage in any of the following activities in or on a watercourse
or a wetland: |
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(a) drain, pump,
dredge, excavate, or remove soil, water, mud, sand, gravel, stones,
rubbish, rocks, aggregate or material or objects of any kind; |
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(b) dump or infill,
or deposit soil, water, mud, sand, gravel, stones, rubbish, litter,
rocks, aggregate or material or objects of any kind; |
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(c) construct or
place, repair or replace, demolish or remove, buildings or structures or
obstructions of any kind, including but not limited to bridges,
culverts, breakwaters, dams, wharves, docks, slipways, decks, or flood
or erosion protection works; |
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(d) operate heavy
equipment or a motor vehicle on the sediment bed, beach or bank of a
watercourse, with the exception of the operation of a motor vehicle on a
beach for the conduct of activities related to the legal harvesting of a
fishery resource or the legal removal of beach material, and the
exception of the launching of a boat; |
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(e) operate heavy
equipment or a motor vehicle on a wetland, except a boat on the water of
a wetland; |
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(f) disturb, remove,
alter, disrupt or destroy the ground in any manner; |
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(g) disturb, remove,
alter, disrupt or destroy vegetation in any manner, including but not
limited to the cutting of live trees or live shrubs; or |
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(h) carry out any
type of watercourse or wetland enhancement activity, including but not
limited to debris removal, habitat development, or placement of
structures. |
Idem |
(2) No person shall,
without a license or a Watercourse or Wetland Activity Permit, and other
than in accordance with the terms and conditions thereof, cause or permit
the engaging in any of the activities listed in subsection (1). |
Exemption |
(3) The cutting of live
trees and live shrubs in a wooded swamp is exempted from the prohibition in
clause (1)(g). |
Exception |
(4) Notwithstanding
clause 2(1)(a), a person may remove sand, gravel, stones, rocks, aggregate
or material from a beach if the sand, gravel, stones, rocks, aggregate or
material is |
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(a) removed from
below the high water mark; |
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(b) utilized for
personal domestic non-commercial purposes; |
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(c) transported
directly from the beach to the point of use; |
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(d) hauled with a
motor vehicle that has a load capacity not larger than a single axle
light duty truck; |
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(e) loaded manually
through the use of hand tools; and |
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(f) of a volume that
does not exceed on cubic meter.
(EC553/09) |
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PART III - BUFFER ZONES |
Application
for prohibitions |
3. (1) Where a
watercourse is solely a landlocked pond |
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(a) the prohibition
in subsection (3) does not apply to cultivating an agricultural crop;
and |
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(b) the prohibitions
in clauses (4)(d), (f), (g), and (h) do not apply. |
Idem |
(2) Where a wetland is
solely a landlocked pond or solely or a combination of seasonally flooded
flats, a shrub swamp, a wooded swamp, a bog or a meadow |
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(a) the prohibition
in subsection (3) does not apply to cultivating an agricultural crop;
and |
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(b) the prohibitions
in clauses (4)(d), (f), (g), and (h) do not apply. |
Idem |
(3) No person shall,
without a license or a Buffer Zone Activity Permit, and other than in
accordance with the conditions thereof, alter or disturb the ground or soil
within 15 metres of a watercourse boundary or a wetland boundary, or cause
or permit the alteration or disturbance of the ground or soil, therein, in
any manner. |
Idem |
(4) No person shall,
without a license or a Buffer Zone Activity Permit, and other than in
accordance with the conditions thereof, engage in or cause or permit the
engaging in any of the following activities within 15 metres of a
watercourse boundary or a wetland boundary: |
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(a) drain, pump,
dredge, excavate, or remove soil, water, mud, sand, gravel, stones,
rocks, or aggregate; |
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(b) dump or infill,
or deposit soil, water, mud, sand, gravel, stones, rubbish, litter,
rocks, aggregate or material or objects of any kind; |
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(c) construct or
place, repair or replace, demolish or remove, buildings or structures or
obstructions of any kind, including but not limited to bridges,
culverts, breakwaters, dams, wharves, docks, slipways, decks, or flood
or erosion protection works; |
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(d) operate heavy
equipment or a motor vehicle, other than |
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(i) upon a highway, |
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(ii) upon a private
road, right-of-way, or driveway which was approved prior to the
enactment of these regulations by the provincial government or a
municipal government in a building permit or a subdivision plan, or |
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(iii) for the conduct
of activities directly related to the legal harvesting of a fishery
resource, the legal removal of beach material, or the cultivating of an
agricultural crop; |
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(e) disturb, remove,
alter, disrupt or destroy the ground in any manner; |
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(f) cut down live
trees or live shrubs; |
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(g) cultivate an
agricultural crop; |
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(h) spray or apply
pesticides in any manner. |
Measurement |
(5) The land within 15
metres of a watercourse boundary or a wetland boundary referred to in
subsections (3) and (4) shall be known as a buffer zone. |
Permitted
activities |
(6) For the avoidance of
doubt, clause (4)(f) does not prohibit the pruning of trees or shrubs in a
buffer zone, provided it is undertaken without engaging in any of the other
activities prohibited by subsections (3) and (4). |
Exemption |
(7) The planting of
grass, trees or shrubs is exempted from the prohibitions in subsection (3)
and clause (4)(e), provided it is undertaken without engaging in any of the
other activities prohibited by subsections (3) and (4), and provided that
only hand tools are used. |
Idem |
(8) The use of a ride-on
lawn mower to cut grass in a buffer zone is exempted from the prohibition in
clause (4)(d). |
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PART IV
- WATERCOURSE, WETLAND AND BUFFER ZONE ACTIVITY CERTIFICATE |
person,
defined |
4. (1) For the purposes
of subsection (2), "person" does not include a corporation. |
Certificate |
(2) The Minister may
grant a Watercourse, Wetland, and Buffer Zone Activity Certificate to a
person who provides |
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(a) a completed
application, on a form approved by the Minister, accompanied by the
application fee of $200; |
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(b) satisfactory
proof of successful completion, within four years prior to the date of
submission of the application, of a watercourse, wetland and buffer zone
activity and alteration training course acceptable to the Minister; and |
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(c) any further
documentation requested by the Minister. |
Expiry |
(3) A certificate expires
on the earlier of |
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(a) two years from
the date of issuance; or |
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(b) on the revocation
by the Minister, for good and sufficient reason, after providing the
holder of the certificate with an opportunity to be heard, in writing. |
Exemption |
(4) A person who holds a
certificate is exempt from the requirement to obtain a permit under
subsections 2(1) and (2), 3(3) and (4), provided that |
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(a) the person has a
license or is employed by a corporate licensee, and complies with the
terms and conditions of that license; |
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(b) the person
complies with the requirements of the Department's Construction
Standards for Activity in Watercourses and Wetlands in carrying out the
activity; and |
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(c) the person
supervises and directs the activity. |
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PART V - WATERCOURSE,
WETLAND AND BUFFER ZONE ACTIVITY BUSINESS LICENSE |
License
application |
5. (1) The Minister may
grant a Watercourse, Wetland, and Buffer Zone Activity Business License |
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(a) to a natural
person who holds a Watercourse, Wetland, and Buffer Zone Activity
Certificate, and who provides a completed application, on a form
approved by the Minister, accompanied by the application fee of $200,
and any further information or documentation requested by the Minister;
or |
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(b) to a corporation
which employs at least one person who holds a Watercourse, Wetland, and
Buffer Zone Activity Certificate, and which provides a completed
application, on a form approved by the Minister, accompanied by the
application fee of $200, and any further information or documentation
requested by the Minister. |
Exemption |
(2) A licensee which is a
corporation is exempt from the requirement to obtain a permit under
subsections 2(1) and (2), 3(3) and (4), for the activities listed in
Schedule A, provided that the licensee ensures that |
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(a) an employee who
holds a Certificate personally directs and supervises all watercourse,
wetland, and buffer zone activities and alterations undertaken by the
corporation pursuant to the license; |
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(b) no watercourse,
wetland or buffer zone activity or alteration is carried out other than
that which is specifically listed on the license; and |
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(c) all activities
are carried out in compliance with the Department's Construction
Standards for Activity in Watercourses and Wetlands, |
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and these
requirements are conditions of the license. |
Idem |
(3) A licensee who is a natural person is
exempt from the requirement to obtain a permit under subsections 2(1) and
(2), 3(3) and (4), for the activities listed in Schedule A, provided that
the licensee |
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(a) personally
directs and supervises all watercourse, wetland and buffer zone
activities and alterations undertaken by the person pursuant to the
license; |
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(b) ensures that no
watercourse, wetland or buffer zone activity or alteration is carried
out other than that which is specifically listed on the license; and |
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(c) ensures that all
activities are carried out in compliance with the Department's
Construction Standards for Activity in Watercourses and Wetlands, |
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and these
requirements are conditions of the license. |
Notification
form |
(4) At least 24 hours
prior to commencing an alteration or activity undertaken pursuant to a
license, the licensee shall complete and file with or fax to the Department
a notification form provided in Schedule B and this requirement is a
condition of the license. |
Additional
terms and conditions |
(5) The Minister may
include such additional terms and conditions in a license as the Minister
considers necessary or advisable for the protection or benefit of the
environment. |
Expiry |
(6) A license expires on
the earlier of |
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(a) two years from
the date of issuance; |
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(b) the licensee, if
a natural person, ceasing to hold a certificate; or |
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(c) the license being
revoked by the Minister. |
Amendment of
license |
(7) The Minister may |
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(a) amend a license
or vary the terms or conditions thereof, where the Minister considers it
necessary or advisable for the protection or benefit of the environment;
or |
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(b) revoke a license
where the Minister determines there is good and sufficient reason. |
Idem |
(8) No amendment or
revocation shall be made to a license without prior notice and an
opportunity to be heard, in writing, being given to the licensee. |
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PART VI - WATERCOURSE,
WETLAND AND BUFFER ZONE ACTIVITY PERMIT |
Exemption |
6. (1) The registered
owner of a provincial parcel of land is exempt from the requirement to
obtain a permit under subsections 2(1) and (2), 3(3) and (4), for the
activities listed in Schedule A, provided that the owner engages a person
who has a license to do the activity or alteration, and that the owner
permits and facilitates access to and inspection of the parcel upon which
any activity authorized by the license occurs. |
Permits |
(2) The Minister may
grant a Watercourse or Wetland Activity Permit or a Buffer Zone Activity
Permit or a permit pertaining to a combination thereof, to a person who
provides a completed application, and any further information or
documentation requested by the Minister, including, but not limited to,
plans and documents, mitigation procedures, and proof of ownership of the
land on which the activity is to take place. |
Application
fee |
(2.1) The fees for an
application for, or renewal of, a permit under subsections 2(1) and (2) and
3(3) and (4) shall be payable to the Minister of Finance, Energy and
Municipal Affairs in the amount set out in Schedule F of these regulations. |
Terms and
conditions |
(3) The Minister may
include such terms and conditions in a permit as the Minister considers
necessary or advisable for the protection or benefit of the environment. |
Expiry |
(4) A permit expires on
the earlier of |
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(a) the date
indicated on the permit; or |
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(b) the permit being
revoked by the Minister. |
Extension,
amendment |
(5) The Minister may |
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(a) extend the expiry
date on a permit, upon request, prior to the expiry date; |
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(b) amend a permit or
vary the terms or conditions thereof, where the Minister considers it
necessary or advisable for the protection or benefit of the environment;
or |
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(c) revoke a permit
where the Minister determines there is good and sufficient reason. |
Amendment |
(6) No amendment or
revocation shall be made to a permit without prior notice and an opportunity
to be heard, in writing, being given to the permittee. |
Notice |
(7) In issuing or
amending a permit, the Minister may require that notice of the application
be given to the public or particular members thereof, and the manner and
content of such notice shall be as directed by the Minister.
(EC248/12) |
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PART VII - GRASS
HEADLANDS |
Application
of section |
7. (1) The requirements
of this section do not apply
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(a) where the row
crop being cultivated is corn; |
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(b) where there is a
management plan for the parcel or parcels of land being cultivated, and
the cultivation is being done in accordance with that management plan;
or |
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(c) where the
boundary referred to in subsection (2) pertains to |
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(i) a watercourse
that is solely a landlocked pond, or |
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(ii) a wetland that
is solely a landlocked pond, or solely or a combination of seasonally
flooded flats, a shrub swamp, a wooded swamp, a bog or a meadow. |
Prohibition |
(2) No person shall,
without a grass headland variance or grass headland exemption, and other
than in accordance with the terms and conditions thereof, cultivate a row
crop within 200 metres of any watercourse boundary or wetland boundary
unless every row that ends within 200 metres of any watercourse boundary or
wetland boundary ends at |
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(a) a grass headland;
or |
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(b) a buffer zone. |
grass
headland, defined |
(3) In subsection (2),
"grass headland" means an area of live perennial grass |
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(a) which was planted
prior to the calendar year in which the row crop was planted; |
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(b) which is at least
10 metres in width, measured commencing at the end of each row and
continuing in the same direction as each row; and |
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(c) no part of which
is contained within a buffer zone. |
Idem |
(4) For the avoidance of
doubt, if both ends of a row of a row crop are within 200 metres of a
watercourse boundary or a wetland boundary, then the requirements herein
apply to both ends of the row, unless a grass headland variance or grass
headland exemption is obtained. |
Burden of
proof |
(5) In any prosecution
for a violation of subsection (2) or (6), the burden of proving that a grass
headland was planted prior to the year in which the row crop was planted is
on the defendant, to establish on a balance of probabilities. |
Prohibition |
(6) No person shall
assist or cause or permit the cultivation of a row crop in violation of
subsection (2). |
Application |
(7) The Minister may
grant a grass headland variance or grass headland exemption to a person who
provides a completed application, and any further information or
documentation requested by the Minister, including, but not limited to,
plans and documents, and proof of ownership of the land on which the
activity is to take place. |
Terms and
conditions |
(8) The Minister may include such terms
and conditions in a grass headland variance or grass headland exemption as
the Minister considers necessary or advisable for the protection or benefit
of the environment. |
Expiry |
(9) A grass headland
variance or grass headland exemption expires on the earlier of |
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(a) the date
indicated in the variance or exemption; or |
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(b) the variance or
exemption being revoked by the Minister. |
Extension,
amendment |
(10) The Minister may |
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(a) extend the expiry
date on a grass headland variance or grass headland exemption, upon
request prior to the expiry date; |
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(b) amend a grass
headland variance or grass headland exemption or the terms or conditions
thereof where the Minister considers it necessary or advisable for the
protection or benefit of the environment; or |
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(c) revoke a grass
headland variance or grass headland exemption where the Minister
determines there is good and sufficient reason. |
Notice |
(11) No amendment or
revocation shall be made to a grass headland variance or grass headland
exemption without prior notice and an opportunity to be heard, in writing,
being given to the holder thereof. |
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PART VIII - CULTIVATING
ON SLOPED LAND PROHIBITION |
Definitions |
8. (1) In this section, |
Prince
Edward Island Sloped Land Inventory |
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(a) "Prince Edward
Island Sloped Land Inventory" means the database layer produced by the
Department's Geographic Information System Database, which identifies
land in the province having a slope greater than 9%; and |
row crop |
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(b) "row crop" does
not include corn. |
Prohibition |
(2) No person shall, on
any provincial parcel of land, cultivate one or more hectares of row crop on
any area of that parcel which has a slope which is greater than 9%, unless
there is a management plan for that area and the cultivation of the row crop
is done, pursuant to, and in accordance with, that management plan. |
Identified
land |
(3) Where land is
identified in the Prince Edward Island Sloped Land Inventory, it is deemed
to |
|
|
(a) have a slope
greater than 9%; and |
|
|
(b) be one hectare or
more in size, unless the contrary is proven on a balance of
probabilities. |
|
PART IX - MANAGEMENT
PLANS |
Definitions |
9. (1) In this section |
management
plan |
|
(a) "management plan"
means a plan that is approved by a management specialist and contains a
soil and crop management component that addresses crop sequences,
tillage practices, planting of cover crops, and any other soil
conservation practices that may be prescribed by a management
specialist; |
management
specialist |
|
(b) "management
specialist" means a person who has been appointed as a management
specialist pursuant to subsection (2). |
|
(2) The Minister may
appoint as a management specialist a person whom the Minister is satisfied
has expertise in agricultural engineering and who is registered |
|
|
(a) as an agrologist
pursuant to the provisions of the Agrologists Act R.S.P.E.I.
1988, Cap. A-10; or |
|
|
(b) as an engineer
pursuant to the provisions of the Engineering Profession Act
R.S.P.E.I. Cap. E-8.1. |
Idem |
(3) The appointment of a
management specialist may be for such term and be subject to such conditions
as stipulated in the appointment, and may be revoked by the Minister at
will. |
Application |
(4) An application for
approval of a management plan may be made in the form as set out in Schedule
C. |
Approval |
(5) A management
specialist may approve a management plan upon receipt of a completed
application, and any further information or documentation requested by the
management specialist, including, but not limited to, plans and documents,
and proof of ownership of the land on which the activity is to take place. |
Idem |
(6) A management
specialist may include such terms and conditions in a management plan as the
management specialist considers necessary or advisable for the protection or
benefit of the environment. |
Extension,
amendment |
(7) A management
specialist may amend the terms or conditions of a management plan where the
management specialist considers it necessary or advisable for the protection
or benefit of the environment. |
Notice |
(8) No amendment shall be
made to a management plan without prior notice, in writing, and an
opportunity to be heard, being given to the owner of the land and any person
cultivating the land. |
Filing of
plan |
(9) A management
specialist shall file a management plan, and any amendment thereof, with the
Resource Inventory and Modelling Section of the Department. |
Expiration |
(10) A management plan
expires on the date indicated in the management plan or upon cancellation by
the Minister. |
Cancellation |
(11) The Minister may
cancel a management plan
|
|
|
(a) for good and
sufficient reason, after providing the owner of the land, and any person
cultivating the land, with an opportunity to be heard, in writing; or |
|
|
(b) upon application
by the owner of the land and any person cultivating the land. |
Notification |
(12) The Minister's
office shall notify the Resource Inventory and Modelling Section of the
Department of the cancellation of a management plan. |
|
PART X - INTENSIVE
LIVESTOCK OPERATIONS |
Definitions |
10. (1) In this section, |
intensive
livestock operation |
|
(a) "intensive
livestock operation" means a place where livestock are found in a
density greater than seven animal units per acre of living space, with
the calculation of animal units to be determined by reference to Column
2 of Schedule D; |
livestock |
|
(b) "livestock" means
cattle, horses, swine, poultry, sheep, goats, fox and mink; |
livestock
waste |
|
(c) "livestock waste"
means |
|
|
|
(i) feces and manure
or manure and associated feed losses, |
|
|
|
(ii) urine from
livestock and associated livestock bedding and waste water, litter, or
wash water or water contaminated by either urine or feces, |
|
|
|
(iii) wasted feed,
milkhouse waste, hair, feathers or other debris associated with an
agricultural operation, or |
|
|
|
(iv) any combination
of the above; |
living space |
|
(d) "living space"
means any confined area to which livestock have access. |
Determination
of density |
(2) For the avoidance of
doubt, |
|
(a) whether an
operation contains one type of livestock or a combination of two or
more, the density is to be determined by reference to the total animal
units, as set out in Column 2 of Schedule D; and |
|
|
(b) where there is
more than one living space on a provincial parcel of land, the density
of each living space is to be calculated separately and each one which
contains more than seven animal units per acre constitutes an intensive
livestock operation. |
Prohibition,
discharge |
(3) The owner and
operator of an intensive livestock operation shall ensure that no livestock
waste from the operation enters a watercourse or a wetland. |
Burden of
proof |
(4) Where livestock waste
from an intensive livestock operation enters a watercourse or a wetland, the
burden of proof is on the owner and operator of the intensive livestock
operation to establish due diligence, on a balance of probabilities. |
Determining
due diligence |
(5) In determining
whether an owner or operator exercised due diligence, the following are
among the factors which may be taken into account |
|
|
(a) whether the
operation had earthen berms or other types of physical barriers to
prevent the livestock waste from entering the watercourse or wetland;
and |
|
|
(b) whether the
operation had a self-contained watertight holding facility into which
the livestock waste is diverted. |
Prohibition |
(6) Within 90 metres of a
watercourse boundary or a wetland boundary, no person shall, without a
written authorization from the Minister |
|
|
(a) construct an
intensive livestock operation, or any part thereof, or add livestock,
structures or facilities to any existing intensive livestock operation; |
|
|
(b) commence an
intensive livestock operation or any activity connected thereto; or |
|
|
(c) assist in or
cause or permit clause (a) or (b). |
Exemption |
(7) The requirements of
subsection (6) do not apply where the boundary referred to in subsection (6)
pertains to
|
|
|
(a) a watercourse
that is solely a landlocked pond; or |
|
|
(b) a wetland that is
solely a landlocked pond, or solely or a combination of seasonally
flooded flats, a shrub swamp, a wooded swamp, a bog or a meadow. |
Measurement |
(8) The distance between
a watercourse boundary or a wetland boundary and an intensive livestock
operation shall be measured from the wetland boundary or watercourse
boundary to the nearest point of living space. |
|
PART XI - INSPECTIONS AND ORDERS |
Condition,
access and inspection |
11. (1) It is a condition
of every license, permit, authorization, management plan, grass headland
variance and grass headland exemption under these regulations that the
holder thereof shall permit and facilitate access to and inspection of any
property upon which the holder carries on any activity authorized by the
license, permit, authorization, management plan, grass headland variance or
grass headland exemption. |
Powers of
inspectors and officers |
(2) To ensure or
determine compliance with these regulations, an inspector or an officer may |
|
(a) enter upon and
pass through or over private property without being liable for trespass,
including but not limited to land where agricultural crops are being
cultivated or may be cultivated; |
|
|
(b) enter and inspect
any premises, excluding a private dwelling house; |
|
|
(c) inspect and
conduct tests, and take photographs, surveys, measurements, and samples
of soil and vegetation or other matter, and samples of water or any
other liquid; |
|
|
(d) require a
landowner or lessee to produce for inspection any survey plans, leases,
agreements, estimates, statements of account, or other documents or
records that pertain to activity carried out on the land; |
|
|
(e) require any
person to produce for inspection any certificate, license, permit,
authorization, management plan, grass headland variance or grass
headland exemption that person has, claims to have, or would, in the
opinion of the inspector or officer, be required to have to carry out
the activity or operation; and |
|
|
(f) receive copies of
any records or documents produced under clauses (d) and (e), and retain
the same for the purpose of copying and returning them. |
Power to stop
vehicle |
(3) For the purposes of
enforcing these regulations, an officer may signal or request any person
driving a motor vehicle to stop, and thereupon the person shall bring the
vehicle to a stop and shall not proceed until permitted to do so by the
officer. |
Standards |
(4) For the avoidance of
doubt, the standards established herein are minimum standards and nothing
contained herein, nor compliance with these regulations and the standards
incorporated herein, nor compliance with the terms and conditions of any
license, permit, authorization, management plan, grass headland variance or
grass headland exemption precludes the issuance of an order pursuant to
subsection (5), or an environmental protection order pursuant to sections 7
or 7.1 of the Act where the Minister believes, on reasonable and probable
grounds, that a threat to the environment or environmental health is
occurring or has occurred. |
Verbal order,
emergency field order |
(5) Where an officer
believes, on reasonable grounds, that an activity is occurring or has
occurred which is a violation of these regulations and time is of the
essence to take remedial action to protect the environment, the officer may
issue a verbal order or an emergency field order, as set out in the form in
Schedule E, to the person committing or apparently committing the violation,
or to the person in charge or apparently in charge of the activity which
constitutes the violation, or to the registered owner of the property on
which it is or has occurred, to cease the activity and commence remedial
measures as directed. |
Prohibition |
(6) No person shall fail
or refuse to comply with a verbal order or an emergency field order. |
|
PART XII - GENERAL |
Delegation |
12. (1) The Minister may
delegate to any Minister of the Crown in right of the province or to a
Director or other employee within the Minister's Department any power
conferred on the Minister under these regulations, and the Minister,
Director or other employee to whom the power is delegated may then exercise
the power subject to any terms and conditions that the Minister prescribes. |
Completion of
work |
(2) A person to whom a
license, permit, authorization, grass headland variance or grass headland
exemption is granted, or for whom a management plan is approved, shall be
deemed to have accepted responsibility for all work done pursuant thereto. |
Effect of
granting |
(3) The granting of a
certificate, license, permit, authorization, grass headland variance or
grass headland exemption or the approving of a management plan, does not
exempt the person to whom it is granted or for whom it is approved from the
provisions of any Act of the Legislature or the regulations under such Act,
or any Act of the Parliament of Canada or the regulations made under such
Act. |
Exemption
from liability |
(4) Neither the Minister,
the Department nor any employee or officer of the Crown is liable for any
loss or damage caused or occasioned by |
|
|
(a) any activity or
alteration for which a license, permit, authorization, grass headland
variance or grass headland exemption was granted or for which a
management plan was approved pursuant to these regulations; |
|
|
(b) the revocation of
any certificate, license, permit, authorization, grass headland variance
or grass headland exemption or management plan; or |
|
|
(c) the amendment of
any certificate, license, permit, authorization, grass headland variance
or grass headland exemption or management plan. |
No action
lies |
(5) No action or other
proceeding for damages lies or shall be instituted against |
|
|
(a) the Minister or
any person acting for the Minister pursuant to a delegation of power
under subsection (1); |
|
|
(b) an inspector or
an officer; or |
|
|
(c) any person
lawfully assisting or acting under the direction of any person referred
to in clauses (a) and (b), |
|
for anything done in good
faith in the performance or intended performance of any duty or in the
exercise or intended exercise of any power under these regulations, or for
any neglect or default in the performance or exercise in good faith of any
such duty or power. |
Conditions |
(6) The issuance of a
certificate, license, permit, authorization, grass headland variance or
grass headland exemption and the approval of a management plan pursuant to
these regulations are conditional on |
|
|
(a) all material
facts in the application having been disclosed; and |
|
|
(b) the facts,
representations and other information contained in the application being
true, accurate and complete. |
Prohibition |
(7) No person shall give
false or misleading information in an application, report or statement or
any other document submitted or made to the Minister under these
regulations. |
Grounds for
refusal, revocation |
(8) Grounds for refusing
or revoking a certificate, license, permit, authorization, grass headland
variance or grass headland exemption or management plan, include, but are
not limited to |
|
|
(a) current or prior
non-compliance by the holder with the Act or any regulations made
thereunder, or with any term or condition of a certificate, license,
permit, authorization, grass headland variance, grass headland exemption
or management plan; |
|
|
(b) discovery of
relevant information not disclosed or not available at the time the
certificate, license, permit, authorization, grass headland variance or
grass headland exemption was granted or the management plan was
approved; |
|
|
(c) information being
received that the activity being carried on pursuant to the certificate,
license, permit, authorization, grass headland variance, grass headland
exemption or management plan is affecting the property in question
in a way not anticipated, or the property of other persons; and |
|
|
(d) discovery of a
threat to the environment or environmental health that is, or is
apparently, being caused by or exacerbated by the activity being carried
on pursuant to the certificate, license, permit, authorization, grass
headland variance, or grass headland exemption or management plan. |
Prosecution |
(9) In any prosecution
for a violation of these regulations |
|
|
(a) the registered
owner of the property upon which any activity prohibited or regulated by
these regulations occurs is deemed to have caused or permitted the
activity, unless it is established, on a balance of probabilities, that
the registered owner did not cause or permit the activity, and the
burden of proof is on the registered owner to so prove, on a balance of
probabilities; |
|
|
(b) where an area is
identified as open water, deep marsh, shallow marsh, brackish marsh or
salt marsh in the Prince Edward Island Wetland Inventory, that is
prima facie evidence that the area comes within the requirements of
these regulations, unless the contrary is proved on a balance of
probabilities, and the burden is on the defendant to so prove; |
|
|
(c) no exception,
exemption, proviso, excuse or qualification prescribed by these
regulations is required to be set out or negatived,
as the case may be, in an
information or summary offence ticket laid with respect to a charge under
these regulations; and |
|
|
(d) the burden of
proving that any exception, exemption, proviso, excuse or qualification
prescribed by these regulations operates in favour of the defendant is
on the defendant, to prove on a balance of probabilities, and the
prosecutor is not required, except by way of rebuttal, to prove that the
exception, exemption, proviso, excuse, or qualification does not operate
in favour of the defendant, whether or not it is set out in the
information or summary offence ticket. |
Reasonable
assistance |
(10) All persons to whom
a request is made by an inspector or an officer under these regulations
shall provide all reasonable assistance to enable the inspector or the
officer to carry out his or her functions under these regulations, and shall
furnish the inspector or officer with all information reasonably required to
administer or enforce these regulations. |
Prohibition |
(11) No person shall
impede or obstruct or knowingly make false or misleading statements to an
inspector or an officer engaged in carrying out the inspector's or officer's
functions under these regulations. |
|
PART XIII - APPEALS |
Island
Regulatory and Appeals Commission |
13. (1) In this section,
"Commission" means the Island Regulatory and Appeals Commission established
pursuant to section 2 of the Island Regulatory and Appeals Commission Act
R.S.P.E.I. 1988, Cap. I-11. |
Notice of
Appeal |
(2) A person may, within
21 days of |
|
(a) the refusal, revocation or
amendment of a permit, grass headland variance, grass headland exemption, or
authorization; |
|
|
(b) the refusal of approval of a
management plan; or |
|
|
(c) the issuance of an emergency field
order |
|
appeal the same by
filing a notice of appeal with the Commission, in the form prescribed by the
Commission. |
Idem |
(3) A notice of appeal under
subsection (1) may be filed only by a person who |
|
|
(a) is the holder of, or an applicant
for, a permit, grass headland variance, grass headland exemption or
authorization; |
|
|
(b) is the applicant for or is subject
to a management plan; or |
|
|
(c) is subject to an emergency field
order, |
|
or by anyone else
determined by the Commission to be personally or adversely affected by the
matter so as to have standing. |
Procedure |
(4) Subject to adherence to the rules
of natural justice, the Commission shall determine its own procedure. |
Powers |
(5) The Commission may vary, confirm,
or rescind the decision being appealed. |
Duty to
comply |
(6) The initiation of an appeal does
not abrogate the requirement to comply with the decision being appealed. |
Implementation of order |
(7) The Department shall implement an
order made by the Commission. |
|
PART XIV
- OFFENCES AND PENALTIES |
Offence |
14.
(1) No person shall violate any provision of these regulations or the terms
or conditions of any certificate, permit, license, authorization, grass
headland variance, grass headland exemption, management plan or emergency
field order. |
Offence,
penalty |
(2) Any natural person who violates |
|
(a) any provision of these
regulations, other than subsection 8(2); or |
|
|
(b) any term, condition, or provision
of any certificate, permit, license, authorization, grass headland variance,
grass headland exemption, management plan or emergency field order, |
|
is guilty of an
offence and is liable, on summary conviction, to a fine of not less that
$3,000 or more than $10,000, and to pay such restitution as the judge thinks
fit to any person aggrieved or affected by the violation. |
Idem |
(3) Any corporation which violates |
|
|
(a) any provision of these
regulations, other than subsection 8(2); or |
|
|
(b) any term, condition, or provision
of any certificate, permit, license, authorization, grass headland variance,
grass headland exemption, management plan or emergency field order, |
|
is guilty of an offence and is liable,
on summary conviction, to a fine of not less than $10,000 or more than
$50,000, and to pay such restitution as the judge thinks fit to any person
aggrieved or affected by the violation. |
Idem |
(4) Any officer, director or agent of
a corporation who directs, authorizes, assents to, acquiesces in or
participates in, the commission of an offence by that corporation under
subsection (3) is guilty of an offence and is liable, in respect of the
commission of an offence by the corporation under subsection (3), to any
penalty set out in subsection (2). |
Idem |
(5) Any natural person or corporation
who or which violates subsection 8(2) of these regulations or the terms,
conditions or provisions of a management plan, is guilty of an offence and
is liable, on summary conviction, to a fine of $1,000 per hectare of land
cultivated in violation of subsection 8(2), and to pay such
restitution as the judge thinks fit to any person aggrieved or affected by
the violation. |
Separate
offence |
(6) Where a violation of any provision
of these regulations or the terms or conditions of any permit, license,
authorization, grass headland variance, grass headland exemption, management
plan or emergency field order continues for more than one day, the offender
is guilty of a separate offence for each day that the violation continues. |
|
SCHEDULE |
|
SCHEDULE A |
|
ACTIVITIES WHICH A LICENSEE MAY ENGAGE IN |
|
SHORE STABILIZATION - A licensee may, for the purpose of and
in the course of, doing shore stabilization, and only to the extent
necessary to secure shore stabilization equipment or materials, and for no
other purpose or effect, do the following: |
|
|
IN A WETLAND OR A WATERCOURSE: engage in any of the activities listed in
subsection 2(1) of the regulations, with the exception of the activities
listed in clause 2(1)(e); |
|
|
IN A BUFFER ZONE: engage in any of the activities listed in subsection
3(3) of the regulations, and in any of the activities listed in subsection
3(4) of the regulations, with the exception of the activities listed in
clauses 3(4)(b), (g) and (h). |
|
LANDSCAPING IN A BUFFER ZONE - A licensee may, for the purpose of and in the
course of, doing landscaping in a buffer zone, and only to the extent
necessary to do landscaping in a buffer zone, and for no other purpose or
effect, do the following: |
|
|
IN A BUFFER ZONE: engage in the activities listed in subsection 3(3) of
the regulations, and in any of the activities listed in subsection 3(4) of
the regulations, with the exception of the activities listed in clauses
3(4)(b),(c), (f), (g), and (h). |
|
OPERATION OF MACHINERY ON A BEACH OR
SHORELINE - A licensee may, for the purpose
of and in the course of, operating heavy equipment on a beach, and only to
the extent necessary to perform maintenance on an existing shore access or
the removal of beach material, and for no other purpose or effect, do the
following: |
|
|
ON A BEACH: engage in
the activities listed in clause 2(1)(d) of the regulations; |
|
|
IN A BUFFER ZONE: engage in the
activities listed clause 3(4)(d) of the regulations. |
|
MINOR BRIDGE REPAIRS - A licensee may do minor bridge repairs in a
watercourse or wetland as outlined in clause 2(1)(c) of the regulations. |
|
FEDERAL WHARF REPAIRS - A
licensee may, for the purpose of and in the course of, doing federal wharf
repairs and only to the extent necessary to do federal wharf repairs, and
for no other purpose or effect, do the following: |
|
|
IN A WETLAND OR A WATERCOURSE: engage in any of the activities listed in
subsection 2(1) of the regulations, with the exception of the activities
listed in clauses 2(1)(d), (e), (g) and (h); |
|
|
IN A BUFFER ZONE: engage in any of the activities listed in subsection
3(3) of the regulations, and in any of the activities listed in subsection
3(4) of the regulations, with the exception of the activities listed in
clauses 3(4)(b), (f), (g) and (h). |
|
SCHEDULE B |
|
NOTIFICATION FORM |
|
by licensee of Activity in a Watercourse, Wetland, or Buffer Zone
pursuant to subsection 5(4) of these regulations |
|
Subsection 5(4) of these regulations requires that a licensee
must, at least 24 hours prior to commencing an alteration or activity
undertaken pursuant to a license, complete this form and file it with or fax
it to the Department. |
|
Personal information on this form is
collected as it relates directly to and is necessary for the required
notification to perform a watercourse and wetland activity. If you have any
questions about this collection of personal information, you may contact the
Director of Water Management, 11 Kent Street, Jones Building, Charlottetown,
PEI C1A 7N8, Phone: (902) 368-5000. |
|
Licensee Signature
________________________ Date: ____________________
Personally deliver or
fax this Notification Form to:
Department of Environment, Energy & Forestry
Water Management Division
Watercourse and Wetland Activity Program
PO Box 2000, Charlottetown, PE C1A 7N8
4th Floor Jones Building, 11 Kent Street
Charlottetown, PE C1A 7N8
Tel: (902)-368-5000 Fax (902-368-5830) |
|
Schedule C |
|
FORM FOR APPLYING FOR
APPROVAL OF A MANAGEMENT PLAN
(Section 9 of these regulations) |
|
TO: THE
DEPARTMENT OF ENVIRONMENT, ENERGY & FORESTRY |
1. Name
of Applicant: _________________________________________ |
2.
Address and telephone numbers of Applicant: ___________________
____________________________________________________________
____________________________________________________________ |
3.
Location of the land: _______________________________________
(Please attach map showing location) |
4. Provincial
Parcel number(s)___________________________________ |
5. Owner of
the land (if different from applicant) __________________ |
6.
Reason for application [Check box or boxes that apply]
To
not require grass headlands [to come within exception in clause
7(1)(b)]
To be able to cultivate row crops on land with slope greater than 9% [to
come within exception in subsection 8(2)] |
Signature
of Applicant [and signature, address, and telephone number of
landowner, if Applicant is not landowner]
______________________________________________
_______________________________________________________________________ |
(Management
plan attachments) |
_______________________________________________________________________
_______________________________________________________________________ |
|
|
SCHEDULE D |
|
INTENSIVE LIVESTOCK
OPERATIONS
[Density of Livestock - subsections 10(1) and (2) of these regulations] |
|
COLUMN 1 |
COLUMN 2 |
COLUMN 3 |
Animal |
Animal
Unit |
Density
which constitutes
"Intensive Livestock
Operation" more than: |
horses |
1 horse = 1
animal unit |
7 horses per
acre of living space |
dairy
cows |
1 dairy
cow = 1 animal unit |
7 dairy
cows per acre of living space |
beef cows |
1 beef
cow = 1 animal unit |
7 beef
cows per acre of living space |
beef
feeders |
2 beef
feeders = 1 animal unit |
14 beef
feeders per acre of living space |
dairy
heifers |
2 dairy
heifers = 1 animal unit |
14 dairy
heifer per acre of living space |
adult
sheep |
4 adult
sheep = 1 animal unit |
28 adult
sheep per acre of living space |
feeder
lambs |
10 feeder
lambs = 1 animal unit |
70 feeder
lambs per acre of living space |
adult
goats |
4 adult
goats = 1 animal unit |
28 adult
goats per acre of living space |
feeder
goats |
10 feeder
goats = 1 animal unit |
70 feeder
goats per acre of living space |
swine |
4 swine =
1 animal unit |
28 swine
per acre of living space |
laying
hens |
125
laying hens = 1 animal unit |
875
laying hens per acre of living space |
broilers |
200
broilers = 1 animal unit |
1400
broilers per acre of living space |
turkeys |
75
turkeys = 1 animal unit |
525
turkeys per acre of living space |
adult
foxes* |
40 adult
foxes = 1 animal unit |
280 adult
foxes per acre of living space |
adult mink* |
80 adult mink
= 1 animal unit |
560 adult
mink per acre of living space |
*Offspring
are not to be included until they are market size. |
|
|
SCHEDULE E |
|
EMERGENCY FIELD ORDER
(pursuant to subsection 11(5) of these regulations) |
|
WHEREAS I BELIEVE, ON REASONABLE
GROUNDS, THAT
On property located at or near
........................................, ..............................
County, Prince Edward Island, an
activity is occurring or has occurred,
namely...................................................................................................
...............................................................................................(description
of the activity), which activity is a
violation of ...................... of these regulations;
AND WHEREAS I BELIEVE ON REASONABLE
GROUNDS, THAT time is of the
essence for remedial action to protect
the environment;
AND WHEREAS, I am an environment officer designated pursuant to the
Act, and an
officer pursuant to these regulations;
I THEREFORE ORDER YOU,
........................................................................................
(name of person/corporation issued
to), of ..............................................
(address of person/corporation) as
the person committing or apparently
committing the violation
the person in charge or apparently
in charge of the activity which constitutes the violation
the registered owner of the
property on which the activity is occurring or has occurred,
TO IMMEDIATELY CEASE the
following activity
.............................................................................................................
............................................................................................................
and commence the following remedial
measures.
............................................................................................................
...........................................................................................................
on or before ...............day, the
.............. day
of ..........................., 200...., at
........................ o'clock in the
................ (after
or fore) noon.
DATED AT
........................................, ................................. County, Prince
Edward Island, this ............. day of
...................., 200.....
..........................................
Signature of Officer
..........................................
Printed name of Officer
|
|
SCHEDULE F |
|
WATERCOURSE, WETLAND, BUFFER ZONE APPLICATION
FEE STRUCTURE
|
|
Permits are valid for a maximum of one year from date of issue. A $25 fee
will be applied for a one-time renewal or extension (with
no modifications from original permit) requested within 1 year of expiry
date on original permit. |
|
1.1 CULVERTS AND CLEAR SPAN BRIDGES |
|
(a)
installation, replacement, or repairs |
$100 |
|
(b) temporary stream
crossings for forest harvesting |
100 |
Note: There is no charge for the
construction of a pedestrian bridge. |
1.2 TREE OR SHRUB CUTTING IN
BUFFER ZONE |
|
(a) for viewscape |
$100 |
|
(b) for forest improvement
or approved forest management practices |
50 |
Note: There is no charge for the
cutting of 4 or fewer trees or shrubs or removal of trees that pose
a safety hazard. |
1.3 WHARF REPAIRS OR CONSTRUCTION |
|
(a)
when in-water works are required |
$100 |
|
(b) when no in-water works
are required |
50 |
1.4 WETLAND AND WATERCOURSE
ACTIVITIES |
|
(a) alteration |
$100 |
|
(b) enhancement or
maintenance |
50 |
|
(c) dredging |
100 |
Note: There is no charge for approved
stream enhancement activities performed by watershed-based groups,
community improvement groups or individuals. |
1.5 BOARDWALK CONSTRUCTION |
|
(a)
located in wetlands or sand dunes |
$100 |
|
(b) located in buffer zone |
50 |
1.6 DAMES AND IMPOUNDMENTS |
|
(a) maintenance, repairs,
drawdowns of man-made structures |
$100 |
1.7 BEACH AND SHORELINE |
|
(a)
relocation or removal of seaweed |
$100 |
|
(b) shoreline
protection/stabilization |
100 |
|
(c) stairway to beach |
50 |
|
(d) boat slipway
construction or repairs |
100 |
Note: There is no charge for the
collection and removal of garbage or non-natural materials or for
the installation or removal of floating dock structures. |
1.8 ACTIVITIES WITHIN A BUFFER ZONE |
|
(a) landscaping in buffer
zone |
$100 |
|
(b) road construction in
buffer zone |
100 |
Note: There is no charge for the
re-seeding of a buffer zone for agricultural purposes, or for a
grass headland exemption. There also is no charge for the
notching or removal of beaver dams to reduce or prevent property
damage. |
1.9 OTHER ACTIVITIES |
|
(a) Other activities |
$50 |
2.0 FEE EXEMPTIONS |
The following are exempted from the
payment of fees under Schedule A: |
|
(a)
the holder of a valid Watercourse, Wetland, and Buffer Zone Activity
Certificate and valid Watercourse, Wetland, and Buffer Zone Activity
Business License issued under subsections 4(2) and 5(1) of the
regulations; |
|
(b) watershed-based groups
and community improvement groups; |
|
(c) provincial government
departments, agencies or Crown corporations. |
(EC248/12) |
|
_______ |