Beaches Regulations (N.S. Reg. 70/89)

Beaches Regulations made under Section 13 of the Beaches Act R.S.N.S. 1989, c. 32 O.I.C. 89-580 (effective May 17, 1989), N.S. Reg. 70/1989 amended to O.I.C. 2015-96 (effective April 1, 2015), N.S. Reg. 75/2015 Citation 1 These regulations may be cited as the “Beaches Regulations”. Definitions 2 In the Act and these regulations (a) “Act” means the Beaches Act; (b) “beach attendant” means a person appointed pursuant to Section 3; (c) “develop” means the construction of a path, trail or road on a beach or the erection or placement on a beach of a building, structure or other manmade feature not indigenous to the site; (d) “Department” means the Department of Lands and Forests; (e) “Minister” means the Minister of Lands and Forests; (f) “mean high water mark” means (i) the line on the seashore reached by the average of the mean high tides of the sea between the spring and neap tides in each quarter of a lunar revolution during the year excluding only extraordinary catastrophes or overflows, or (ii) the line on the shore of a lake or river usually reached by the water after the great flow of the spring has abated and the lake or river is in its ordinary state, and (iii) for the purposes of determining the boundaries of a parcel of land at a place in respect to which there is no record of tides extending at least over one year, the visible high water mark, that is, the point fixed by signs on the ground such as the state of vegetation and accumulation of debris; (g) “structure” includes a building, camp, trailer, tent, houseboat, raft, wharf, post, fence or wall. https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-32/latest/rsns-1989-c-32.html https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-32/latest/rsns-1989-c-32.html https://www.canlii.org/en/ns/laws/regu/ns-reg-70-89/latest/ns-reg-70-89.html#sec3 smooth Administration 3 The Minister may appoint a person, including a casual employee of the Department, as a beach attendant to perform on one or more beaches such duties as may be assigned from time to time by the Department. Management of lands adjacent to a beach 4 The Minister may enter into a management agreement with the owner or occupier of land adjacent to a beach. Removal of beach aggregate 5 (1) The Minister may issue a permit to a person for the removal for personal or domestic purposes approved by the Department of sand, stone or other material from a beach, provided the permit states (a) the purpose for which the material is to be used; (b) the amount of material to be removed; (c) the type of material to be removed; (d) the location from which the material is to be removed; (e) the means by which the material is to be removed; (f) the period of time during which the material is to be removed; and (g) the condition in which the beach is to be left after the material is removed. (2) The fee to be charged by the Minister for a permit for the removal of sand, gravel, stone or other material from a beach shall be as follows: (a) an administration fee of $24.91 for 10 cubic yards or less when used for personal or domestic purposes approved by the Department; (b) an administration fee of $24.91 plus a charge of $0.54 per cubic yard/$0.71 per cubic metre or $0.37 per ton/$0.41 per tonne for more than 10 cubic yards when used for personal or domestic purposes. Development of a beach 6 No person shall develop a beach without the prior written authorization and approval of the Minister. Restricted activities 7 Except as provided in the Act or with a permit from the Minister, no person shall, while on a beach, (a) wilfully remove, deface or injure any natural object, tree, shrub, plant or grass; (b) wilfully remove, deface, damage or destroy a signboard, sign or notice placed on a beach or adjacent to a beach; (c) wilfully remove or displace any rock, mineral, fossil, sand, gravel or other aggregate or object of natural curiosity or interest; (d) display a sign or advertisement; (e) sell or offer for sale an article or service or thing or carry on a business; (f) alter, damage or destroy any watercourse; or (g) leave a fire unattended until it is completely extinguished. Domestic animals 8 (1) No person who owns or is in control of a domestic animal shall permit it to be at large on a beach where a sign or notice is posted by the Department that domestic animals are to be kept on a leash. (2) For the purpose of subsection (1), a domestic animal is deemed to be at large unless the animal is on a leash which does not exceed six feet in length and which is hand-held or securely tied and restricts the animal from running loose. (3) Except with a permit from the Minister, which will prescribe appropriate restrictions relative to time, area and conditions, no person shall ride or walk a horse on a beach. (4) No person who owns or is in control of a domestic animal shall fail to clean up any animal excrement or mess left on a beach by that animal. Vehicles 9 (1) Except with a permit from the Minister, it shall be an offence to have or use a vehicle on a beach. (2) Subsection (1) does not apply to a vehicle used to launch a vessel on a beach. Vessels 10 Except with a permit from the Minister, no person shall operate a vessel in excess of five miles per hour within 200 feet of a beach when another person is known by the operator of the vessel to be present on the beach. Production of permit 11 Every person issued a permit under the Act or [these] regulations shall produce the same for inspection when requested to do so by the Minister, a peace officer or beach attendant. Signs/notices 12 (1) The Minister may cause to be marked or erected a sign, notice, map or other device to permit, restrict or prohibit an activity on a beach. (2) It shall be an offence for a person to fail to comply with a sign, notice, map or other device erected pursuant to subsection (1). Penalty 13 A person convicted of any violation of the[se] regulations shall incur a penalty of not less than fifty dollars nor more than two thousand dollars. Repeal of old regulations 14 Regulations made by Order in Council 76-622 dated the 25th of May, 1976, are rescinded as and from the 17th day of May, 1989. Effective date of new regulations 15 These regulations shall come into force on and after the 17th day of May, 1989. Legislative History Reference Tables Beaches Regulations N.S. Reg. 70/1989 Beaches Act 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 Beaches Regulations made under the Beaches Act includes all of the following regulations: N.S. Regulation In force date* How in force Royal Gazette Part II Issue 70/1989 May 17, 1989 date specified Jun 1, 1989 47/2004 Apr 1, 2004 date specified Apr 6, 2004 81/2007 Apr 1, 2007 date specified Mar 30, 2007 https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-32/latest/rsns-1989-c-32.html N.S. Regulation In force date* How in force Royal Gazette Part II Issue 136/2008 Apr 1, 2008 date specified Apr 18, 2008 78/2009 Apr 1, 2009 date specified Apr 14, 2009 51/2011 Apr 1, 2011 date specified Apr 15, 2011 77/2013 Apr 1, 2013 date specified Apr 12, 2013 75/2015 Apr 1, 2015 date specified Apr 8, 2015 The following regulations are not yet in force and are not included in the current consolidation: N.S. Regulation In force date* How in force Royal Gazette Part II Issue *See subsection 3(6) of the Regulations Act for rules about in force dates of regulations. Amendments by Provision ad. = added am. = amended fc. = fee change ra. = reassigned rep. = repealed rs. = repealed and substituted Provision affected How affected 5(2)(i)............................................... fc. 47/2004, 81/2007; ra. as 5(2)(a) 136/2008 5(2)(ii).............................................. fc. 47/2004, 81/2007; ra. as 5(2)(b) 136/2008 5(2)(a)............................................... ra. from 5(2)(i) 136/2008; fc. 136/2008, 78/2009, 51/2011, 77/2013, 75/2015 5(2)(b)............................................... ra. from 5(2)(ii) 136/2008; fc. 136/2008, 78/2009, 51/2011; rs. 77/2013, 75/2015 Note that changes to headings are not included in the above table. Editorial Notes and Corrections: Note Effective date 1 References in clauses 2(d) and (e) to the Department of Lands and Forests and Minister of Lands and Forests should be read as references to the Department of Natural Resources and Minister of Natural Resources in accordance with Order in Council 1991-1 under the Public Service Act, R.S.N.S. 1989, c. 376. Sep 16, 1991 2 References in clauses 2(d) and (e) to the Department of Lands and Jul 5, 2018 https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-393/latest/rsns-1989-c-393.html https://www.canlii.org/en/ns/laws/regu/ns-reg-70-89/latest/ns-reg-70-89.html#sec2 smooth https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-376/latest/rsns-1989-c-376.html https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-376/latest/rsns-1989-c-376.html https://www.canlii.org/en/ns/laws/regu/ns-reg-70-89/latest/ns-reg-70-89.html#sec2 smooth Note Effective date Forests and Minister of Lands and Forests should be read as references to the Department of Lands and Forestry and Minister of Lands and Forestry in accordance with Order in Council 2018-188 under the Public Service Act, R.S.N.S. 1989, c. 376. Repealed and Superseded: N.S. Regulation Title In force date Repealed date 45/1976 Beaches Preservation and Protection Act Regulations May 25, 1976 May 17, 1989 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. https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-376/latest/rsns-1989-c-376.html https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-376/latest/rsns-1989-c-376.html