The Nova Scotia Court of Appeal has ruled in favour of the Utility and Review Board in a case that saw the province challenge the regulator’s authority.
This week the court dismissed the province’s challenge to the board’s decision that it had the authority to demand more thorough First Nations consultation when proposed projects affect their rights or claims to land.
The province’s legal challenge stems from a 2017 ruling by the Utility and Review Board that the Mi’kmaq had been inadequately consulted about an $18-million proposal by Nova Scotia Power to refurbish its dam across the Tusket River, near the Acadia First Nation.
The board delayed its approval and gave the province and NSP three months to conduct a more thorough consultation. The Acadia First Nation, Sipekne’katik First Nation and the Assembly of Nova Scotia Mi’kmaq Chiefs later dropped their opposition, allowing the project to go ahead, but the province continued with its URB challenge.
