Nova Scotia’s new Biodiversity Act

Nova Scotia has a new Biodiversity Act (the “Act”) that will give the Minister of Lands and Forestry (the “Minister”) the power to, among other things, create Biodiversity Management Zones (a “BMZ”) for the purpose of the conservation or sustainable use of specified biodiversity values.

The Act, originally introduced in 2019, is perhaps more notable for the debate surrounding the proposed legislation than for the final result.

After concerns raised at the Law Amendment Committee in 2019, the Bill was paused for further consultation, prior to its re-introduction in March, 2021. The bill was given royal assent on April 19, 2021 and will come into effect on October 1, 2021.

What the Act does

The Act introduces the concept of a BMZ. These are specified areas of land that are managed for the purpose of the conservation or sustainable use of specified biodiversity values. The Minister may create these zones on any land vested in Her Majesty in right of the Province.

Where Crown lands are specified as a BMZ, the Governor in Council can make regulations that govern the zone. These may set out the conservation actions to be undertaken in the zone, the monitoring and reporting of activities being undertaken in the zone, the period for which the zone exists and the boundaries of the zone.

Notably, the Minister may also establish a BMZ on private lands, but only with the consent of the owner of the land. Where private land is specified as a BMZ, an agreement between the government and the land-owner may include terms and conditions which are similar to the management of a Crown lands BMZ.

The Act also gives the Minister general powers related to the management of biodiversity in the Province. Some of these powers include the ability to:

• Develop policies, standards and guidelines for the conservation and sustainable use of biodiversity;
• Enter into agreements for purposes related to the Act and regulations made under the Act;
• Cause studies or research to be carried out in relation to biodiversity;
• Retain experts to report to the Minister with respect to biodiversity;
• Undertake educational programs related to biodiversity.

It also imposes upon the Minister certain duties, including that the maintenance of classification, inventory, status-assessment and monitoring programs to assess the state of biodiversity in the Province. They also must establish mechanisms to share data relating to biodiversity.

The Amendments

Through the legislative process, previous draft provisions of the Act related to emergency orders and enforcement were removed. Originally, the Act created a system that would allow the Minister to issue biodiversity emergency orders to those found to be in violation of the Act, coupled with the introduction of conservation officers and the power to levy penalties.

These parts of the Act were removed in the face of lobbying on the part of industry and land owners. Concerns about the impact the Act would have on industry and private landowners were echoed in debates on the bills second reading. The result was an Act that has significantly less teeth than it did in its original form, but still represents an additional commitment to sustaining biodiversity in the Province.

This article was written with contributions from Cox & Palmer’s Sarah Dobson, Articled Clerk, and Ian Thompson, Executive-In-Residence.