Nova Scotia Environmental and Heritage Acts

Nova Scotia is a province rich in resources, both environmental and cultural or historical, and, as such, has set forth a number of policies and acts in order to protect these assets.The main Act which pertains to this is the Special Places Protection Act (“SPPA”), written in 1989. This Act discusses the procedures related to the protection, or “An Act to Provide for the Preservation, Regulation and Study of Archaeological and Historical Remains and Palaeontological and Ecological Sites”.

An Environmental Assessment (EA) is a process through which developments are ascertained to be sustainable, according to certain agreements laid out in the assessment. This assures that environmental impacts will not be too substantial and detrimental to the surrounding area and habitat. The environment is defined as “[t]he components of the earth that include:

Environmental Assessments are not necessary for buildings established before July 14, 1989, however if they have been modified since that time, an EA may be necessary. There are two classes of potential projects, known as Class 1 and Class 2. Class 1 projects tend to be smaller scale projects, or projects which may not cause a large environmental impact, often things such as highways or mines. This type of project will go through the Minister, who will decide if public hearings are required. Class 2 projects are normally larger scale undertakings, or could cause significant environmental impacts, such as solid waste incinerators or pulp and paper plants. This type of project requires an environmental assessment report as well as a public review. It is important, in terms of either classification of project, that the Mi'kmaq community be involved in the process. Proponents are asked to engage in the following ways:

Certain factors which pertain to the Minister's decision are as follows:

For a Class 1 undertaking, the Minister must inform the proponent of issues with the registration process, such as lack of information, before 50 days have passed. These time-lines may be extended by the Minister if it is seen that more information or a report is necessary. Information pertaining to an EA can be read by any member of the public, and there are often public hearings related to developments. An opportunity must be given for comments to be taken into consideration, and these comments may come from any of the following groups:

The proponent is also required to publish in at least one local and one Provincial newspaper with information explaining the EA to be undertaken. Since the year 2000, 92 projects have had reviews completed, the most recent being the Pugwash Wind Farm. Five projects are currently being considered.

If a potential development falls into any of the following categories, it is required to undergo an Environmental Assessment.

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