Nova Scotia chiefs say province needs to improve consultation on natural resources

CBC

6 days ago

The Nova Scotia Assembly of Mi'kmaw Chiefs says the provincial government needs to do a better job of consultation as it pushes to develop the province's natural resources.
Chief Tamara Young of Pictou Landing First Nation told the legislature's natural resources committee Tuesday that the chiefs have "serious concerns" over how recent decisions have been made without advance notice.
"We should not hear about important developments that Nova Scotia is making from the evening news," said Young. "This includes when policy or legislative changes are being proposed in the mining sector."
In March, the Progressive Conservative government of Premier Tim Houston passed legislation that lifted a long-standing ban on uranium exploration and mining and a moratorium on hydraulic fracturing for natural gas. Houston has said the legislative changes were needed to boost the province's economy as it deals with the challenges posed by U.S. tariffs.
However, the chiefs responded by issuing a news release on March 28 saying they were firmly opposed to any legislation that opens the door to hydraulic fracturing, a process more commonly known as fracking.
'Not a box to be checked'
The chiefs said they were considering legal action and they accused the province of making decisions on unceded and traditional Mi'kmaw territory without properly consulting them.
Young told the committee it was time for the government to re-engage in consultations that are "early, consistent and meaningful."
"Consulting the Mi'kmaq is simply not a box to be checked," she said. "We will not support any process that treats our constitutional rights as an afterthought."
Young also called on the province to update its consultation practices and to involve the Mi'kmaq in shaping the changes.
"There must be transparency and predictability around what triggers the duty to consult, including mining projects on private lands," she said.
'Rocky and inconsistent'
Earlier this month the province updated its list of priority critical minerals to include uranium and also announced that it was issuing a request for proposals for uranium exploration at three privately owned sites.
A mineral can be added to the list based on certain factors, including whether they can help the province meet its emission targets or global demand. The priority list is also meant to highlight minerals of strategic economic importance for the province.
Patrick Butler, senior Mi'kmaw energy and mines adviser, confirmed during the hearing that chiefs were also not consulted about the move to boost uranium exploration.
Butler described the relationship with the Natural Resources Department as "rocky and inconsistent" over the last year, although he said there is a mineral resource working group that had established "a good working relationship" in the past.
"It has been very difficult in trying to keep up with the changes," he said.
Consultation would occur 'project by project'
The department's deputy minister, Karen Gatien, said the government is committed to consultations, but she agreed that it should be done earlier where possible.
Gatien told the committee that future consultation would occur "project by project."
"It's difficult for us right now to consult on something that doesn't exist in terms of a concrete project in a particular area, but I think it will be really important to have rigorous consultation and meaningful consultation as the projects get developed," said Gatien.
The deputy minister confirmed to reporters following the hearing that there were no formal documents or communications with the chiefs to inform them of the government's legislative changes.
Meanwhile, the committee also heard from mining industry representatives Tuesday who called for major changes to the province's permitting process for mining development, which they described as too lengthy and a hindrance to investment.
'Our concerns are with red tape'
"Permitting is a major bottleneck in the process. That is why jurisdictions across Canada and around the world are taking steps to expedite permitting while continuing to ensure the highest environmental standards are applied," said Sean Kirby, executive director of the Mining Association of Nova Scotia.
Kirby called for permitting to come under a single department, saying the process is currently handled across several.
"We are not asking for regulatory oversight to be less stringent. Our concerns are with red tape, unclear requirements and lengthening timelines," he said.