2021-03-31

MODL supports private landowners in face of proposed Biodiversity Act

The Municipality of the District of Lunenburg (MODL) council came down firmly on the side of the region's private landowners and agreed to send a letter to the Nova Scotia government objecting to its proposed Bill 4 - Biodiversity Act.

Chuck Porter, Minister of Lands and Forestry, tabled the controversial legislation on March 11 as part of the pledge by Premier Iain Rankin, who is the former environment minister, to finally act on the recommendations of the Lahey review on forestry practices.

At its March 23 meeting, MODL's council voted overwhelmingly in support of sending the letter to Porter, Rankin and area MLAs.

Only one councillor - District 1's Leitha Haysom - voted against sending the correspondence as it was written by MODL's chief administrative officer, Tom MacEwan.

"I definitely have been contacted by many, many people over the last week. I have spoken to the Minister of Lands and Forests, and I've reached out to several other people in relation to [the proposed Biodiversity Act.] And there's a lot of concerns," MODL's mayor, Carolyn Bolivar-Getson, told council members prior to a presentation on the issue and discussion among council members that lasted more than an hour.

Jeff Bishop made the presentation to the council on behalf of the Concerned Private Landowner Coalition. Bishop is the executive director of Forests Nova Scotia, which describes itself on its website as "the largest organization of forestry interests in the province."

The Concerned Private Landowner Association ran large advertisements in newspapers, including this one, warning, "If passed, the new law will restrict what you can do on your own land."

It further advised, "Halifax Activists will use Bill 4 to stop farming, forestry, recreation and housing on private lands. If you hike, fish, hunt, snowshoe, ATV or snowmobile, Bill 4 will stop you from doing these activities on the private lands you enjoy today."

While Bishop told the council members of his forestry connection, he insisted, "It's quite clear, and an important part of what we're talking with with other folks around, is that this is not a forestry issue....

"We've been talking with folks in many sectors about the act itself, from agriculture to mining to land development to land user groups as well," Bishop said. "When you read the act and look at it it is very much about private landowners and landownership, much more broadly than forestry itself."

According to Bishop, the group is asking for "clear, focused legislation that protects biodiversity ... while also respecting landowners' rights in this province."

The main areas of concern that had been raised in relation to the proposed act - which has since been amended - is it would have given the province the right to establish Biodiversity Management Zones, including on private land, introduce emergency orders and issue fines of up to $1 million for offences.

Additionally, critics said the act was introduced too quickly and without proper public consultation, and that effectively the devil is in the details, with the government indicating that the specifications of how the act would work would be introduced through regulations, which would be spelled out later.

"This is probably the biggest bill to have an effect in our municipality. And I've just printed off a few of my emails that I've received, and that's not my Facebook messaging, my iMessages and the telephone calls that I've received from concern. But most people are asking what this is and how does it affect them," Bolivar-Getson advised the council members, suggesting the government has not done "a good job in explaining that out."

At the request of District 8 Councillor, Kacy DeLong, the mayor read out the proposed letter to the government that MacEwan had crafted, which stated, in part, "We can all agree that the government must take steps to preserve and protect Nova Scotia's unique eco system.

"Just as we can all agree that the Nova Scotia government create an environment that permits Nova Scotia's rural economy, which is largely based on natural resources, to flourish. The challenge for the government is to find the proper balance between protecting the ecosystem and supporting the rural economy."

The letter goes on to say the municipality is concerned that "the current vision of the Biodiversity Act doesn't achieve this required level of balance, particularly as it relates to private lands."

District 5 Councillor Cathy Moore agreed.

"People need to know what they can and cannot do, or may or shall or whatever. It's just being pushed too hard, too fast." Moore argued that more public consultation needs to take place. "And how do you do that when you're still in a state of emergency?"

Noting that she is part of an agricultural and Christmas tree growing family, DeLong admitted being "concerned" with the proposed legislation and the broadness in its wording.

"That said, I'm uncomfortable with what's happening right now. DeLong said she was glad council was hearing from forestry interests, "but I'd like to hear from other voices as well."

As well, she indicated, "I believe we definitely are at a point, ecologically, where we need to be promoting protection and forestry stewardship... I'm happy to say I'm not in support of the bill as it stands, but I'm not going to do so in a way that puts myself personally in opposition to sustainability and biodiversity just to play politics."

Haysom indicated she supports " the intent of the bill. It is not perfect," and that she sees the municipality's role "as helping to improve the bill."

She argued that the intent of the act "is to protect vulnerable and important ecosystems from destruction for the benefit of the entire region. That includes healthy forests and our wild spaces. The Biodiversity Act is not intended to punish landowners for normal operations . Biodiversity Management Zones are temporary, specific and, most importantly they are voluntary.

Moreover, said the councillor, the emergency orders are for responding to "illegal activities," while the empowerment of officials to enter private land and take remedial action "is a standard position in most legislation that requires investigation and enforcement."

She said while she understands the concerns around the wording of may versus shall, "It means there is a lot of room for discretion in the application of the act, but it also means there is many provisions for exceptions to the act."

Haysom asked that council consider amending the letter to lead off with a statement indicating it supports the intent of a Biodiversity Act. "I can get behind this if I can see that there is a clearly laid out statement that we support the intent of the Biodiversity Act."

MODL's mayor disagreed. "I would struggle to do that myself with the way the legislation is presented here. And for me to come out and make that statement, based on what is in the legislation, I could not do that myself ... I do not support this Biodiversity Act in the way it has been presented by government," insisted Bolivar-Getson.

In the end, Haysom was the only one to vote against sending the letter as it was written.

"Anything I would want to add to this letter is just tweaking it. I think sending a letter is definitely better than not sending one. ... I don't want to see the legislation go through as it stands," said DeLong.

That afternoon, however, the province announced that changes would be made to the proposed act to remove biodiversity emergency orders, which would grant the province the right to intervene on private land in emergency situations where the act was being contravened. Offences and fines are also being removed. The government said the bill will only apply to Crown land, unless a private landowner wants to be included in developing a biodiversity management zone on their land.

The law amendments committee was scheduled to discuss the proposed act on March 29.