Consultation complete but still no timeline on proclaiming Coastal Protection Act

There was more talk at Wednesday’s public accounts committee meeting about the enactment and enforcement of the long-awaited Coastal Protection Act but there is still no definitive timeline for action.

“The consultation just closed last week and so we are working with a third-party vendor to compilate all the information and feedback that was received,” said Lora MacEachern, deputy minister of the Environment and Climate Change Department.

“That work is happening now and over the next period of time, we’ll come before the minister and provide him with that detailed information and look at next steps.”

The next steps appear to have stalled in their tracks.

The act passed in 2019 with full support of all Nova Scotia political parties, and the majority Progressive Conservative government, which came to power in August 2021, had promised to develop and implement the regulations by the end of this year. However, the government announced this past August that the regulations and bill enforcement will be delayed until at least July 2025.

During the fall session of the legislature, pressure mounted on the government to finish the regulations and enact the legislation.

On the morning of Oct. 23, the Ecology Action Centre held a waterfront news conference in Halifax to say that the delays are both irresponsible and dangerous.

On Nov. 6, a dozen Nova Scotia municipalities joined the EAC in a call for the province to get the job of fully implementing the legislation done.

Two days later, former premier and Liberal environment and climate change shadow minister Iain Rankin tabled a bill that would ensure the proclamation of the bill with regulations by Jan. 1, 2024.

Listening, not stalling

Questioned about the delay at the House during the fall session, Environment and Climate Change Minister Tim Halman said the government is listening, not stalling.

“The two previous consultations, we met with municipalities, experts, specialists and that’s feedback we appreciate but we don’t have the clarity from coastal property owners, so this round of consultation is very targeted, to 40,000 coastal property residents,” Halman said. 

The minister said the government wants to respect the diverse coastline of the province while ensuring that the people most directly affected by the legislation are having their say, with the latest consultation process ending Nov. 7.

Lisa Lachance, the NDP member for Halifax Citadel-Sable Island, wanted to know the province’s working definition of vulnerable coastal areas, where the authority to make that definition rests and how many properties have been developed in the past four years in vulnerable or sensitive areas.

MacEachern pointed to a government document released last December that assessed climate change risk in the province.

“It really does provide that kind of information about what we are likely going to see going forward in Nova Scotia in terms of potential risks on our coast and across our province,” MacEachern said of the 44-page Weathering What’s Ahead: Climate Change Risk and Nova Scotia’s Well-being  

“That’s a key document that we’re trying to get out there, trying to help people understand the risks and the necessary action and that really is a guidance for us and it should be a guidance for communities and municipalities.”

The government document identified and projected climate hazards that include overland flooding from heavy rainfall and flooding when rivers, lakes, or streams overflow because of heavy rain or melting snow; sea level rise and coastal flooding; wildfires in forested and grassland areas; an increase in vector-borne diseases like Lyme disease and in agricultural pests and diseases; more heat extremes that can damage agricultural crops or harm animals, damage transportation infrastructure such as roads or rail lines and that can damage human health and ecosystems.

High-level strategies

“Several high-level strategies exist to manage risk and reduce exposure,” the climate change assessment reads. “One example is to change land use practices and consider climate change when deciding where things are located. This could mean avoiding building in areas prone to flooding or too close to the coast.”

Specifics about restrictIons that will dictate building distances from the coast and the highwater mark were not included in the provincial assessment but will eventually be brought forth in the Coastal Protection Act regulations.

“We had heard through previous engagement … coastal property owners had things to say, they had questions, they had more perspective that they wanted to be able to provide to the government,” MacEachern said.

“The kinds of questions that you are asking now, we certainly hope that through this engagement we will be able to find out that additional information, more about what’s happening on the coast.”

Lachance said it’s important to release data about how many participants of the most recent consultation process were repeat participants to help determine the value added by the additional consultation.

Brendan Maguire, the Liberal MLA for Halifax Atlantic, asked if the consultation comes with a moratorium on building close to the coast.

Determining factors

“There would be a number of factors in determining if there is an ability to construct up to the shore,” MacEachern said. “That would depend on zoning requirements that relate to the municipality, it would depend on if that construction intruded into a beach area or Crown land.”

The deputy minister said the department has a small team dedicated to working on the legislation regulations.

“We hope to be in a position to brief the minister on that in December,” MacEachern said. “Following that, some decisions will be made on next steps.”

Peter Hackett, deputy minister of the Public Works Department, told the committee his department is currently working with his New Brunswick counterpart on a 10-year plan that would raise the dike system that protects the Chignecto Isthmus, a 21-kilometre narrow stretch of low-lying land that links Nova Scotia and New Brunswick.

“We’re waiting to hear back from the feds,” on a Disaster Mitigation and Adaption Fund application, Hackett said.

Asked about public alerts in the wake of deadly flash floods this past summer, Paul Mason, executive director of the province’s Emergency Management Office, said his office conducts quarterly exercises on the Alert Ready system with all partners, including municipalities, police, fire departments and First Nations.

“We also have a dedicated program officer who works specifically on that file so it’s certainly a high-priority item within our office,” Mason said. 

He said information and feedback has been gathered about how the system is working, about potential challenges and areas for improvement. When the information is evaluated, Mason said additional updates can be expected within the next couple of months.