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Federal Environment Minister Catherine McKenna has asked for a new recommendation on whether Northern Pulp’s proposed effluent treatment plant should be forced to undergo a federal environmental assessment.

The new recommendation will be made based upon the revised federal Impact Assessment Act that came into effect last week and, amongst other things, places more weight on whether a project impacts aboriginal peoples.

Environment Minister Catherine McKenna. - Stu Neatby

“As result of new legislation coming into effect Minister McKenna has asked the agency to reconsider a request for designation to ensure when they provide their advice they consider new features of law,” said Sean Fraser, Central Nova MP and parliamentary secretary to McKenna, on Tuesday.

Like the last recommendation she got from the Canadian Environmental Assessment Agency, the new one will be off limits to the public.

Privileged information

A heavily redacted copy of the last recommendation to the minister by the federal agency responsible for carrying out environmental assessments was obtained this week by The Chronicle Herald via an access to information request.

Twenty-nine pages, including those containing the agency’s ultimate recommendation, are blanked out in the 49-page document delivered to McKenna’s office in March.

According to the documents Northern Pulp’s proposed effluent treatment plant does not fall under the list of projects automatically requiring a longer federal assessment.

However, they also note the minister may require a federal assessment if the project may cause adverse environmental impacts or public concerns warrant the designation.

The document states the agency received 3,200 requests from private citizens, First Nations organizations and fisheries groups in Nova Scotia and Prince Edward Island requesting the project undergo a federal assessment.

“Concern regarding a potential conflict of interest or bias by the province has been widely reported in the local media and identified in most letters received by the agency,” say the document.

The document quotes a decision by Nova Scotia Supreme Court Justice Timothy Gabriel from 2018 in which he said “It would essentially boil down to the Crown (wearing one hat) being called upon to determine whether a project which the Crown (wearing another hat) has funded, passes muster. This will do nothing to assuage whatever cynicism has been engendered in the past by the already significant environmental impact which has been visited upon Treaty lands and environs by the mill and its facilities to date.”

Whatever the conclusion developed by staff after months of consultation was, McKenna’s office didn’t act on it.

That allowed the province to continue with its own speedier class-1 environmental assessment.

Too little, too late?

If the province grants permission to the project and Northern Pulp puts a shovel in the ground, it’s too late for McKenna to demand a longer federal assessment.

Timing is crucial for all parties – be they the forestry industry that relies on Northern Pulp or the allied group of fishermen, community members and the Pictou Landing First Nation that opposes its new effluent treatment plant.

The Boat Harbour Act states that as of January 31, 2020 the mill must stop using the existing provincial government owned effluent treatment facility behind the Pictou Landing First Nation.

A new facility, which the document states will take 21 months to construct, is required for the mill to continue operating.

With Northern Pulp gearing up to provide answers required under the focus report demanded as part of the provincial environmental assessment and the legislature’s fall sitting coming later this month, those opposed to the pipe are concerned that the governing Liberals will table legislation extending the mill’s access to Boat Harbour to ward off a collapse of the forestry industry.

“I think in the next six weeks to two months, something is going to happen,” said Allan MacCarthy, spokesman for the Northumberland Fishermen’s Association.

His organization met with the federal regulator as it prepared its March recommendation to the minister and hired a consultant to assist in its formal proposition.

They hadn’t heard about the request from McKenna’s office for a new recommendation.

“We would also like to know what the original recommendation was as we put a pile of energy and effort into that submission,” said MacCarthy.

“Is politics going to trump science on this? It certainly seems that way.”

For his part, Fraser promised a decision will come from the federal minister while it is still relevant – i.e. before the province makes a decision.

However, he didn’t have a timeline and the Canadian Environmental Assessment Agency couldn’t provide one by deadline.

“I think rushed decision-making processes often lead to bad decisions,” said Fraser.

“The province has said its standing firm on its commitment under the Boat Harbour Act. Without a change to Boat Harbour Act there’s not a project to consider. The urgency for the agency to give a recommendation to the minister is not there.”

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