This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

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Statements of Provincial Interest

made under

Section 193 and subsections 194(2) and (5) of the

Municipal Government Act

S.N.S. 1998, c. 18

N.S. Reg. 101/2001 (April 1, 1999)

N.S. Reg. 272/2013 (August 6, 2013)

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

N.S. Reg. 101/2001

Introduction

Definitions

Statement of Provincial Interest Regarding Drinking Water

Goal

Basis

Application

Provisions

Statement of Provincial Interest Regarding Flood Risk Areas

Basis

Statement of Provincial Interest Regarding Agricultural Land

Goal

Basis

Provisions

Statement of Provincial Interest Regarding Infrastructure

Goal

Basis

Application

Statement of Provincial Interest Regarding Housing

Basis

Application

Implementation

N.S. Reg. 272/2013

Statement of Provincial InterestRegarding the Development of the Nova Centre

Goal

Basis

Application

Provisions

N.S. Reg. 101/2001

Introduction

Nova Scotia’s land and water resources are fundamental to our physical, social and economic

well-being. But they are finite resources and using them in one way can mean the exclusion of

other uses forever. Therefore, it is important that decisions about Nova Scotia’s land and water

be made carefully. Ill-advised land use can have serious consequences for the physical,

economic and social well-being of all Nova Scotians.

These statements of Provincial interest recognize the importance of our land and water

resources. The statements also address issues related to the future growth of our communities.

They are intended to serve as guiding principles to help Provincial Government departments,

municipalities and individuals in making decisions regarding land use. They are supportive of

the principles of sustainable development.

Development undertaken by the Province and municipalities should be reasonably consistent

with the statements.

As the statements are general in nature, they provide guidance rather than rigid standards. They

reflect the diversity found in the Province and do not take into account all local situations. They

must be applied with common sense. Thoughtful, innovative and creative application is

encouraged.

Definitions

These

definitions apply to the Statements of Provincial Interest.

Agricultural Land means active farmland and land with agricultural potential as defined by the

Canada Land Inventory as Class 2, 3 and Class 4 land in active agricultural areas, speciality

crop lands and dykelands suitable for commercial agricultural operations as identified by the

Department of Agriculture and Marketing.

Floodplain means the low lying area adjoining a watercourse.

Floodproofed means a measure or combination of structural and non-structural measures

incorporated into the design of a structure which reduces or eliminates the risk of flood damage,

usually to a defined elevation.

Floodway means the inner portion of a flood risk area where the risk of flooding is greatest, on

average once in twenty years, and where flood depths and velocities are greatest.

Floodway Fringe means the outer portion of a flood risk area, between the floodway and the

outer boundary of the flood risk area, where the risk of flooding is lower, on average once in

one hundred years, and floodwaters are shallower and slower flowing.

Groundwater Recharge Area means the area of land from which water flows to supply a

well.

Hazardous Materials means dangerous goods, waste dangerous goods and pesticides as

defined in the Environment Act c.1, S.N.S. 1994-95.

Municipal Water Supply Watershed means an area encompassing a surface watershed or

recharge area, or a portion of it, serving as a water supply area for a municipal water system.

Off-site Fill means fill that has been imported from outside the floodplain or fill which is

transported from the Floodway Fringe to the Floodway.

Planning Documents means a municipal planning strategy, land-use by-law, development

agreement and subdivision by-law.

Statement of Provincial Interest Regarding Drinking Water

Goal

To protect the quality of drinking water within municipal water supply watersheds.

Basis

A safe supply of drinking water is a basic requirement for all Nova Scotians.

Inappropriate development in municipal water supply watersheds may threaten the quality of

drinking water.

Some water supply watersheds are located outside the municipality using the water. The

municipality depending on the water therefore has no direct means of protecting its supply.

Application

This statement applies to all municipal water supply watersheds in the Province including

surface watersheds and groundwater recharge areas.

Provisions

1. Planning documents must identify all municipal water supply watersheds within the

planning area.

2. Planning documents must address the protection of drinking water in municipal water

supply watersheds. Measures that should be considered include

(

a) restricting permitted uses to those that do not pose a threat to drinking water

quality;

(

b) balancing the expansion of existing uses against the risks posed to drinking water

quality;

(

c) limiting the number of lots. Too many lots may result in development which

cumulatively affects drinking water quality. The minimum size of lots and density

of development should be balanced against the risks posed to the quality of

drinking water;

(

d) setting out separation distances between new development and watercourses to

provide protection from run-off;

(

e) establishing measures to reduce erosion, sedimentation, run-off and vegetation

removal associated with development.

3. Existing land use and the location, size and soil conditions of a municipal water supply

watershed will determine the land-use controls that should be applied. Large surface

watersheds, for example, may be able to sustain more development than a small

groundwater recharge area.

It is recognized that in some situations the long-term protection of the drinking water

supply may be impractical. In these cases planning documents must address the reasons

why the water supply cannot be protected. Municipalities in this situation should

consider locating an alternate source of drinking water where long-term protective

measures can be applied.

4. The Province supports the preparation of watershed management strategies for all

municipal water supply watersheds. These strategies should be prepared by the

concerned municipalities and the municipal water utility, in consultation with all affected

parties, including landowners.

Statement of Provincial Interest Regarding Flood Risk Areas

Goal

To protect public safety and property and to reduce the requirement for flood control works and

flood damage restoration in floodplains.

Basis

Floodplains are nature’s storage area for flood waters.

New development in a floodplain can increase flood levels and flows thereby increasing the

threat to existing upstream and downstream development.

Five floodplains have been identified as Flood Risk Areas under the Canada-Nova Scotia Flood

Damage Reduction Program.

Application

This statement applies to all Flood Risk Areas that are designated under the Canada-Nova

Scotia Flood Damage Reduction Program. These are

(1) East River , Pictou County,

(2) Little Sackville River , Halifax County,

(3) Sackville River , Halifax County,

(4) Salmon and North Rivers , Colchester County, and

(5) West and Rights Rivers and Brierly Brook , Antigonish County.

There are other areas in the Province that are subject to flooding which have not been mapped

under the Canada-Nova Scotia Flood Damage Reduction Program. In these areas, the limits of

potential flooding have not been scientifically determined. However, where local knowledge or

information concerning these floodplains is available, planning documents should reflect this

information and this statement.

Provisions

1. Planning documents must identify Flood Risk Areas consistent with the Canada-Nova

Scotia Flood Damage Reduction Program mapping and any locally known floodplain.

2. For Flood Risk Areas that have been mapped under the Canada-Nova Scotia Flood

Damage Reduction Program planning documents must be reasonably consistent with the

following:

(

a) within the Floodway ,

(

i) development must be restricted to uses such as roads, open space uses,

utility and service corridors, parking lots and temporary uses, and

(ii) the placement of off-site fill must be prohibited;

(

b) within the Floodway Fringe,

(

i) development, provided it is flood proofed, may be permitted, except for

(1) residential institutions such as hospitals, senior citizen homes, homes

for special care and similar facilities where flooding could pose a

significant threat to the safety of residents if evacuation became

necessary, and

(2) any use associated with the warehousing or the production of

hazardous materials,

(ii) the placement of off-site fill must be limited to that required for flood

proofing or flood risk management.

3. Expansion of existing uses must be balanced against risks to human safety, property and

increased upstream and downstream flooding. Any expansion in the Floodway must not

increase the area of the structure at or below the required flood proof elevation.

4. For known floodplains that have not been mapped under the Canada-Nova Scotia Flood

Damage Reduction Program, planning documents should be, at a minimum, reasonably

consistent with the provisions applicable to the Floodway Fringe.

5. Development contrary to this statement may be permitted provided a hydrotechnical

study, carried out by a qualified person, shows that the proposed development will not

contribute to upstream or downstream flooding or result in a change to flood water flow

patterns.

Statement of Provincial Interest Regarding Agricultural Land

Goal

To protect agricultural land for the development of a viable and sustainable agriculture and food

industry.

Basis

The preservation of agricultural land is important to the future of Nova Scotians.

Agricultural land is being lost to non-agricultural development.

There are land-use conflicts between agricultural and non-agricultural land uses.

Application

This statement applies to all active agricultural land and land with agricultural potential in the

Province.

Provisions

1. Planning documents must identify agricultural lands within the planning area.

2. Planning documents must address the protection of agricultural land. Measures that

should be considered include:

(

a) giving priority to uses such as agricultural, agricultural related and uses which do

not eliminate the possibility of using the land for agricultural purposes in the

future. Non-agricultural uses should be balanced against the need to preserve

agricultural land;

(

b) limiting the number of lots. Too many lots may encourage non-agricultural

development. The minimum size of lots and density of development should be

balanced against the need to preserve agricultural land;

(

c) setting out separation distances between agricultural and new non-agricultural

development to reduce land-use conflicts;

(

d) measures to reduce topsoil removal on lands with the highest agricultural value.

3. Existing land-use patterns, economic conditions and the location and size of agricultural

holdings means not all areas can be protected for food production, e.g., when agricultural

land is located within an urban area. In these cases, planning documents must address

the reasons why agriculture lands cannot be protected for agricultural use. Where

possible, non-agricultural development should be directed to the lands with the lowest

agricultural value.

Statement of Provincial Interest Regarding Infrastructure

Goal

To make efficient use of municipal water supply and municipal wastewater disposal systems.

Basis

All levels of government have made significant investment in providing municipal water supply

and municipal wastewater disposal infrastructure systems.

Unplanned and uncoordinated development increases the demand for costly conventional

infrastructure.

Application

All communities of the Province.

Provisions

1. Planning documents must promote the efficient use of existing infrastructure and reduce

the need for new municipal infrastructure. Measures that should be considered include:

(

a) encouraging maximum use of existing infrastructure by enabling infill

development on vacant land and higher density development;

(

b) discouraging development from leapfrogging over areas served by municipal

infrastructure to unserviced areas;

(

c) directing community growth that will require the extension of infrastructure to

areas where serving costs will be minimized. The use of practical alternatives to

conventional wastewater disposal systems should be considered;

(

d) identifying known environmental and health problems related to inadequate

infrastructure and setting out short and long-term policies to address the problems

including how they will be financed.

2. Where on-site disposal systems are experiencing problems, alternatives to the provision

of conventional wastewater disposal systems should be considered. These include the

replacement or repair of malfunctioning on-site systems, the use of cluster systems and

establishing wastewater management districts.

3. Installing municipal water systems without municipal wastewater disposal systems

should be discouraged.

4. Intermunicipal solutions to address problems and provide infrastructure should be

considered.

Statement of Provincial Interest Regarding Housing

Goal

To provide housing opportunities to meet the needs of all Nova Scotians.

Basis

Adequate shelter is a fundamental requirement for all Nova Scotians.

A wide range of housing types is necessary to meet the needs of Nova Scotians.

Application

All communities of the Province.

Provisions

1. Planning documents must include housing policies addressing affordable housing,

special-needs housing and rental accommodation. This includes assessing the need and

supply of these housing types and developing solutions appropriate to the planning area.

The definition of the terms affordable housing, special-needs housing and rental housing

is left to the individual municipality to define in the context of its individual situation.

2. Depending upon the community and the housing supply and need, the measures that

should be considered in planning documents include: enabling higher densities, smaller

lot sizes and reduced yard requirements that encourage a range of housing types.

3. There are different types of group homes. Some are essentially single detached homes

and planning documents must treat these homes consistent with their residential nature.

Other group homes providing specialized services may require more specific locational

criteria.

4. Municipal planning documents must provide for manufactured housing.

Implementation

1. These statements of provincial interest are issued under the Municipal Government Act .

The Minister of Housing and Municipal Affairs, in cooperation with other provincial

departments, is responsible for their

interpretation.

2. Provincial Government departments must carry out their activities in a way that is

reasonably consistent with these statements.

3. New municipal planning documents as well as amendments made after these statements

come into effect must be reasonably consistent with them.

4. Councils are encouraged to amend existing planning documents to be reasonably

consistent with the statements. Where appropriate, the preparation of intermunicipal

planning strategies is encouraged.

5. Reasonably consistent is defined as taking reasonable steps to apply applicable

statements to a local situation. Not all statements will apply equally to all situations. In

some cases, it will be impractical because of physical conditions, existing development,

economic factors or other reasons to fully apply a statement. It is also recognized that

complete information is not always available to decision makers. These factors mean

that common sense will dictate the application of the statements. Thoughtful innovation

and creativity in their application is encouraged.

6. Conflicts among the statements must be considered and resolved in the context of the

planning area and the needs of its citizens.

7. The Department of Housing and Municipal Affairs, with other Provincial departments,

may prepare guidelines and other information to help municipalities in implementing the

statements. Provincial staff are available for consultation on the reasonable application

of the statements.

N.S. Reg. 272/2013

Statement of Provincial Interest

Regarding the Development of the Nova Centre

Goal

To recognize that the timely construction of the subgrade portion of the proposed development

complex by Argyle Developments Inc. in the site bounded by Argyle, Sackville, Market and

Prince Street[s] in Halifax Regional Municipality is a matter of Provincial interest and therefore

warrants special planning policies and regulations.

Basis

The proposed development complex by Argyle Development Inc. consists of office towers, a

hotel, retail shops and underground parking as well as a convention centre. It is referred to, in

its entirety and for the purposes of this Statement of Provincial Interest, as the “Nova Centre”.

All levels of government have an interest in the development of the convention centre and as a

consequence have an interest in the construction of the Nova Centre (of which the convention

centre forms part).

The Governor in Council is satisfied that the adoption of a statement of Provincial interest is

necessary to protect the Provincial interest in promoting economic growth and employment

opportunities through the timely development of the Nova Centre.

Application

The area bounded by Argyle, Sackville, Market and Prince Streets in Halifax Regional

Municipality.

Provisions

The planning documents of Halifax Regional Municipality must contain specific policies and

regulation for the timely development and construction of the subgrade portion of the Nova

Centre.

Legislative History

Reference Tables

Statements of Provincial Interest

N.S. Reg.

101/2001

Municipal Government Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation 1 of the Statements of Provincial Interest made

under the Municipal Government Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

101/2001 2

April

1, 1999

date statute in force (s. 584)

Sept

7, 2001

272/2013

Aug 6,

date specified

Aug

23, 2013

The

following regulations are not yet in force and are not included in the

current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

Statement of Provincial Interest Regarding the

Development of the Nova Centre ...................................

ad. 272/2013

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

This consolidation is a compilation of similar

regulations made under subsections 194(2) and (5) of the Municipal Government Act and not necessarily amendments made to a

single base regulation.

N.S. Reg. 101/2001 consists of the statements of

Provincial interest set out in

Schedule B of the Act, which, in accordance

with subsections 194(2) and (5) of the Municipal

Government Act , are regulations within the meaning of the Regulations Act .

References to the Department and Minister of Housing

and Municipal Affairs in N.S. Reg 101/2001 should be read as references to

the Department and Minister of Service Nova Scotia and Municipal Relations in

accordance with Order in Council 2000-485 under the Public Service Act , R.S.N.S. 1989, c. 376.

Oct 1, 2000

The reference to the Department of Agriculture and

Marketing in the

definitions to N.S. Reg 101/2001 should be read as a

reference to the Department of Agriculture in accordance with Order in

Council 2006-121 under the Public

Service Act , R.S.N.S. 1989, c. 376.

Feb 24, 2006

References to the Department and Minister of Housing

and Municipal Affairs in N.S. Reg. 101/2001 should be read as references to

the Department and Minister of Municipal Affairs in accordance with O.I.C.

2014-71 under the Public Service Act ,

R.S.N.S. 1989, c. 376.

Apr 1, 2014

References to the Department and Minister of Housing

and Municipal Affairs in N.S. Reg. 101/2001 should be read as references to

the Department and Minister of Municipal Affairs and Housing in accordance

with O.I.C. 2019-150 under the Public

Service Act , R.S.N.S. 1989, c. 376.

Jun 3, 2019

References to the Department and Minister of Housing and Municipal Affairs should

be read as references to the Department

and Minister of Municipal Affairs in accordance with O.I.C. 2021-58

under the Public Service Act ,

R.S.N.S. 1989, c. 376.

Feb 23, 2021

References to the Department and Minister of Housing and Municipal Affairs should

be read as references to the Department

and Minister of Municipal Affairs and Housing in accordance with

O.I.C. 2021-209 under the Public

Service Act , R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.