Underthe constitution of Canada, the authority that enforces and makeslaws for Nova Scotia province is divided between the provinciallegislatures and federal parliament. The provincial governmentlegislates particular activities within the provincial boundaries. Onthe other hand, the federal government has the powers to govern thewhole country. The federal government has the regulatoryresponsibility for environmental issues. The administrative law isconcerned with considerations made by the court on actions taken by agovernment agency, department, commission, tribunal or board. Thecourt makes decisions on administrative functions to ensure they arecarried out according to the law. Environmental regulations and lawsmade by the government are passed to safeguard and prevent moredamage to the environment.
TheCanadian Environmental Assessment Act (CEPA), a principle statute,regulates matters on the environment within the federal jurisdiction.It allows the public have access to the publications made in theCanadian Gazette and enable the public to bring actions on theenvironment. CEPA is devoted to gathering information onenvironmental matters, particularly when there is a rise in nationalissues. Effective compliance mechanisms have been established toprotect the environment. For instance, polluters account for theviolations of law thereby forcing the citizens to act according tothe law (Johnstone et al., 2014). These mechanisms includeprosecution of the offenders, imposing sanctions and penalties,preventive education, issuing administrative and warning orders. Alsoother precautionary events such as careful monitoring and inspectionsof the environment minimize the definite enforcement need inaddressing violations of the environmental laws[ CITATION Mus l 1033 ].Inspectionmechanism is used by administrative officials to conduct aninvestigation with the aim of gathering information required forevaluation of the activity. A review is done to identify and locatepollution, make a confirmation on compliance with regulations,status, administrative orders and approval certificates. Then attemptto discuss and resolve complaints by neighborhoods concerningpollution, and ensure construction of equipment for pollutioncontrol. Inspectors are authorized by the statutory powers to visitnon-residential premises at any reasonable time to inspect ifenvironmental contaminants threaten or tend to cause adverse effects.Under section 218 of CEPA 1999, shows that the dwelling places canonly be entered when an inspector has a search warrant (Klabbers,2013).
Executiveorders are issued across Canada by the authority to promotecompliance with the environmental legislation. These rules functionto terminate identified activities and fixing the damage made to theenvironment, control existing pollution sources, impose remedial orpreventive obligations (Pevato, 2013). This compliance mechanismresorts to once consultations and discussions have failed to provideresolutions to an environmental situation. Once a party does notcomply with an administrative order, it faces prosecution. There arevarious types of administrative orders being issued, and failure tocomply can result in penalties (Johnstone et al., 2014).
Regardingnumerous provincial regimes, six different types of administrativelaws are being employed. The Environmental protection orders whichare under the CEPA 1999, are directed to anyone who contributes orcauses alleged violation or who control or manage a product orsubstance that contains harmful substances. Remedial orders arepurposefully for restoration and cleanup measures. Stop ordersrequire instant compliance from people addressed to, and it ispresented in written form with explanations on why such an order hasbeen issued. Control orders provide permissions to officials whoensure that designated parties implement certain measures. The rulesare meant to control prohibited contaminants from being dischargedillegally. Preventive laws are used where pollution is anticipated inthe absence of statutory contraventions, to prevent environmentaldamage (Pevato, 2013).
Underthe Nova Scotia Environmental Act, sustainable development isrecognized as a principle that every person should uphold. Uponbreaching the regulatory obligations, one shall be objected to apenalty compliance mechanism whereby an individual takes a remedialaction and make payments for the action. He/she is responsible forrehabilitating and incurring the cost required for cleanup of therelease. Section 67 of the Act prohibits one from releasing harmfulsubstances into the environment. Nova Scotia’s efforts inprotecting the environment require that the materials released intothe environment must be approved under the Act. It should also besubject to the conditions and terms which ensure the protection ofthe environment (Klabbers, 2013).
Airand water management are part of the compliance mechanism under theEnvironmental Protection Act (OEPA) that helps in the protection ofthe environment. Part X of the NSEA requires certification ofdiggers, pump installers, and well drillers to prevent contaminationof water from deliberate or inadvertent activities of business andindividuals. Part IX of the NSEA provides regulation for the disposalof solid waste in landfills and purpose to improve the safety andhealth of the environment. Another mechanism is the regular report ofobligations informing the officials on the status of the approvedfacilities and sites such as the water treatment areas. It is done toensure that there is no leakage to the environment. The Criminal Codeapplies to offenses such as those of endangering aquatic life and thefish habitat. Destruction or disturbance of fish habitat is illegal,and the Fisheries Act provides specific regulations. Fisheries Actthat also applies to watershed areas where various activities maypose harmful effects on water.
Johnstone,R., Sarre, R., & Australian Institute of Criminology. (2014).Regulation:Enforcement and compliance.Canberra, A.C.T: Australian Institute of Criminology.
Klabbers,J. (2013). Internationallaw.
Pevato,P. M. (2013). Internationalenvironmental law.Aldershot, Hants, England: Ashgate/Dartmouth.