Question Period Note: Northern Pulp Nova Scotia’s Proposed Effluent Pipe in New Glasgow, Nova Scotia

Northern Pulp Nova Scotia’s Proposed Effluent Pipe in New Glasgow, Nova Scotia

• Protecting our oceans and waterways while considering economic interests of coastal communities who rely on these industries for their livelihoods is a priority for our government.
• My Department is actively reviewing the Northern Pulp project and will continue to provide expertise in the provincial environmental assessment process.
• The regulatory role of my department is limited to assessing the physical impacts of the project on fish and fish habitat. My department will continue to work with provincial and federal authorities in addressing these concerns.

Background

• On December 7, 2019, research professor at St. F.X. University (NS) Jim Williams published an article suggesting that “If we could guarantee that future Northern Pulp effluent is treated to the same level as it is at present, there is considerable evidence that it could be released via the proposed pipeline/diffuser system with no significant impact on commercial fisheries, or on the receiving coastal ecosystem.”
• The researcher also made suggestions to DFO regarding monitoring and data collection measures that could be put in place following the implementation of the project.
• The focus report was made public on October 2, 2019. The public had until November 8, 2019 to provide comments on the report.
• On March 29th, 2019, the provincial Minister of Environment released her environmental assessment (EA) decision that the EA was incomplete and the proponent was required to provide additional detailed information in the form of a focus report.
• A factor to consider in the review of the Fisheries Act authorization application is the possibility that the marine portion of the effluent pipe construction will travel through, and discharge inside the Scallop Buffer Zone Marine Refuge, which is a fisheries closure that counts towards the marine conservation targets. This area is closed to scallop dragging to protect juvenile lobster, scallop, flounder and their habitat.
• The proposal to discharge treated effluent into the Northumberland Strait has been controversial and there continues to be significant public outcry from the fishing and tourism industries, as well as environmentalists, politicians and celebrities.
• The project is proposed to take place on federal lands; therefore, federal authorities will be required to make a determination as to whether the project is likely to cause significant environmental effects pursuant to Section 82 of the Impact Assessment Act. However, should the Agency determine the project is a designated project, it would be excluded from consideration under section 82.
• The Impact Assessment Agency of Canada (the Agency) has received numerous requests for the project to be designated for a federal environmental assessment and is in the process of reviewing the proposed project to determine whether to recommend a federal EA process. A decision is expected at the end of November 2019.
• The Province of Nova Scotia has initiated consultations with Pictou Landing First Nation (PLFN) for the new treatment facility. There have been several meetings to discuss the project and community concerns. Federal departments with a regulatory role have participated in some of those consultation meetings, but have not initiated formal consultations under the Terms of Reference for a Mi'kmaq-Nova Scotia Canada Consultation Process with the Assembly of Nova Scotia Mi’kmaq Chiefs.
• Federal departments with a regulatory role (DFO, Transport Canada, Environment and Climate Change Canada (ECCC), Health Canada, Public Services and Procurement Canada, and Crown-Indigenous Relations and Northern Affairs Canada) have formed a working group to coordinate the federal Indigenous consultations for this project.
• The current treatment facility uses Boat Harbour, an historically significant area to the PLFN, to finish the effluent treatment process, rendering the site unusable by the PLFN community.
• The federal government is required, under the Boat Harbour Settlement Agreement signed in 1993, to keep PLFN fully informed of any negotiation or discussions with Northern Pulp Nova Scotia (NPNS). In keeping with this agreement, DFO and other federal departments continue to participate in meetings on the provincial EA with PLFN and will continue this through all aspects of the project including our regulatory process.
• Several Indigenous fishermen are opposed to the project and are concerned the pipeline would discharge effluent into lobster, herring, mackerel and rock crab fishing grounds. While Northern Pulp has stated the treated effluent will meet federal regulations for emissions, opponents claim there is a lack of scientific evidence regarding how the waste will affect the long-term health of the these fisheries.
• A Fisheries Act authorization will likely be required and the project will be reviewed under the Harmful Alteration, Disruption or Destruction of Fish Habitat (HADD) and the death of fish provisions.
• The release of effluent from pulp mills is regulated by both Nova Scotia Environment (NSE) and ECCC; any questions related to the effluent should be directed to ECCC and NSE.
• The NPNS paper mill in Abercrombie Point, New Glasgow, Nova Scotia has been operational since 1967. However, in 2015, the provincial Boat Harbour Act was enacted, preventing the mill from using the existing provincial treatment facility past January 30, 2020. As a result, NPNS intends to install a new effluent treatment system that will involve the construction of a 15 km long pipeline to discharge the effluent into the Northumberland Strait at the mouth of Pictou Harbour, including a new submerged 4 km pipe and associated marine outfall.

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