Regulator halts Tusket dam review until utility consults Mi'kmaq
Nova Scotia Power seeking approval for $18M Tusket dam project
The Nova Scotia Utility and Review Board has adjourned its review of a project to refurbish a dam in southwest Nova Scotia until Nova Scotia Power can fully consult Mi'kmaq groups concerned with the proposed work.
The ruling is a first for the provincial regulator which has never before been called on to rule in a case concerning duty to consult.
Nova Scotia Power needs the approval of the UARB before it can move ahead with plans to replace the gates in the Tusket dam. The utility has deemed the gates to "have reached the end of of their expected useful life."
But before the $18-million project can go ahead, the UARB has ruled NSP will have to "complete negotiations" with First Nations as part of its obligation to consult with Indigenous peoples.
Two Supreme Court rulings handed down a year ago set out in law the requirement to consult with First Nations in cases where Indigenous rights or titles may be affected.
In this case, the work will proceed in an area rich with Aboriginal archeological sites, including sites which are currently submerged.
Both the provincial government and Nova Scotia Power had exchanged correspondence with some Mi'kmaq representatives during the past year. As a result, the utility did include accommodations in the plan it submitted to the regulator, but the UARB ruled those talks did not fully meet the obligation to consult with the Mi'kmaq.
Tuesday's ruling means plans to move ahead with the bulk of the dam work are now on hold, according to Nova Scotia Power spokesperson David Rodenhiser.
"We had hoped to start work on the project this summer or to resume work on the project this summer as there had been some preliminary work done previously," he said. "In the interim we're ensuring stabilization at the site until we have approval from the regulator to begin the work."
The original schedule had the job completed by next year.
In a written statement, the Nova Scotia government said it needed more time to digest the UARB's decision.
"We have just received the UARB's decision and will take the necessary time to fully review it."