On July 3, 2023, the Attorney General and Minister of Justice for Nova Scotia issued N.S. Reg. 130/2023, amending the Summary Offence Tickets Regulations under the Summary Proceedings Act. The amendment, effective from its issuance date, involves updates to the penalties associated with specific by-law violations in areas like cemeteries and solid waste management.

The amendment is executed under Section 8 of Chapter 450 of the Revised Statutes of Nova Scotia, 1989, which governs the Summary Proceedings Act. The changes were formalized in an attached Schedule “A,” which lists the offenses and their corresponding penalties.

The first set of changes pertains to the Cemetery By-law, specifically items 1–4 in Schedule M-23 of the Summary Offence Tickets Regulations (N.S. Reg. 281/2011). The following offenses were repealed and substituted with new regulations, all carrying a uniform out-of-court settlement penalty of $410.00:

Allowing interment for remuneration (Section 6)
Making interment without Town approval (Section 9(b))
Planting trees or shrubs on a grave (Section 12(a))
Removing vegetation from a grave without approval (Section 12(d))
Damaging cemetery vegetation (Section 12(e))
Defacing graves or memorials (Section 12(f))
Erecting fixtures on lots without approval (Section 13(a))
Altering the cemetery landscape without permission (Section 13(b))
Littering in cemetery grounds (Section 14)
Smoking in cemetery (Section 15)
Operating vehicles on unfit roads (Section 16(a))
Speeding in the cemetery (Section 16(b))
Operating off-highway vehicles (Section 16(c))
Driving on non-road areas (Section 16(d))

This revision aims to standardize penalties for infractions and promote adherence to cemetery regulations.

The amendments enacted through N.S. Reg. 130/2023 signify the Nova Scotia government’s commitment to enforcing regulatory compliance in areas such as cemetery management and waste disposal. By standardizing penalties and clarifying regulations, the amendments seek to foster a respectful and clean environment in both public and private spaces. The uniform penalty structure also simplifies the enforcement process for authorities, ultimately benefiting community governance.

Nova Scotia (130/2023) July 28, 2023