Federal minister signs off on province's Boat Harbour cleanup plan

The Nova Scotia government has a green light from Ottawa for its $425-million plan to remediate Boat Harbour, but it comes with a long list of conditions that includes continuing to look for another site to store contaminated sludge in the long term.

Federal Environment Minister Steven Guilbeault issued his decision last Friday following an environmental assessment by the Impact Assessment Agency of Canada, work that began almost six years ago for the cleanup of the body of water near Pictou Landing First Nation that for decades received effluent from the Northern Pulp mill.

In his decision, Guilbeault wrote that he determined the project by Build Nova Scotia "is not likely to cause significant adverse environmental effects."

Under terms of the approval, an existing on-site hazardous waste containment facility would be vertically expanded, increasing its capacity from 220,000 cubic metres to almost 1.1 million cubic metres.

• Read the minister's decision

Before that work can go ahead, however, officials at Build Nova Scotia — a provincial agency previously known as Nova Scotia Lands — must satisfy a variety of conditions including but not limited to:

• Communications planning.

• First Nations consultation.

• Protection of fish and fish habitat.

• Protection of migratory birds.

• Preservation of health and socio-economic conditions of Indigenous people.

• Retention of an independent environmental monitor and Indigenous monitors "to observe, record, and report on the implementation of the conditions" throughout the process.

An advisory committee also has to be established to examine alternative locations for the sludge removed from Boat Harbour.

Considering alternative storage sites

The committee is a nod to ongoing concerns and opposition from the neighbouring Pictou Landing First Nation, whose chief and council do not want the sludge that's removed from the former tidal estuary kept in the area.

Guilbeault's order says Build Nova Scotia shall invite Pictou Landing members to act as co-leads on the advisory body and provide whatever resources are required as they consider alternative sites.

"If an alternative location cannot be found within one year, the advisory committee can continue its work for 10 years or until both parties agree in writing to terminate, whichever comes first," he wrote. The committee could also be re-established at a later date.

The minister said Build Nova Scotia must "design and construct the containment cell in a manner such that the waste can be removed and the containment cell can be decommissioned" if another viable site is identified and approved.

Challenges such as the cost and traffic entailed to truck the sludge elsewhere, along with potential environmental risks, all contributed to the plan Build Nova Scotia ultimately submitted.

Pictou Landing First Nation responds

A statement from the Pictou Landing First Nation said Chief Tamara Young welcomed the conditions Guilbeault attached to his approval, but "vowed to do what she could to stop the project moving forward" without the community's consent.

"Our community has endured significant environmental, health, and cultural harm, and we deserve authentic solutions and future protection," Young said in the statement. 

"This means holding the government accountable for ensuring the rights and well-being of the Pictou Landing First Nation are safeguarded."

Young said she was concerned about "a significant catch" in Guilbeault's wording around the idea of a new landfill for the waste, because the province would only be required to build one if it is deemed economically feasible. The decision comes with no definition of what would constitute economically feasible.

"This casts a long shadow of doubt over a new landfill as the province may argue that a new landfill would be too costly," Young said.

The First Nation has opposed storing contaminants at Boat Harbour because the storage cell is on land claimed by Pictou Landing. They have concerns about the potential for long-term harm, along with the presence of the cell limiting the use of adjacent reserve lands. In her statement, Young said she and council would keep all options open, including a challenge of the minister's approval, but she remains optimistic an agreement can be reached on a location for a new landfill site.

Province reviewing conditions

A spokesperson for Build Nova Scotia said in a statement that the agency would take time to review the conditions to determine what it means for implementation of the project.

"We'll be able to speak to the decision once we have completed our review," Beverley Ware said in the statement.

Ware said eight years of studies and evaluation have gone into the project and the current timeline for the remediation and construction phase is four to seven years once the contract is awarded.

"That time frame is dependent upon the successful proponent's submission and that proponent's approach to sequencing project activities and overall scheduling. The current budget estimate is $425 million."

Company considers another option

The cleanup project follows the shutdown of the former Northern Pulp mill at Abercrombie Point in 2020.

The company ceased production when it failed to get approval from the province for a new effluent treatment facility ahead of a legislated closure date for effluent being treated at Boat Harbour.

The work by Build Nova Scotia is intended to restore Boat Harbour to the tidal estuary it was before the pulp mill was first established in the area in the 1960s.

Northern Pulp's parent company is currently exploring the potential of establishing a new operation in the Liverpool area.