these regulations (N.S. Reg. 92/2005) (just regulations regs wapeigg.htm)

N.S. Reg. 92/2005

Nova Scotia — Regulations

these regulations (N.S. Reg. 92/2005) (just regulations regs wapeigg.htm)

N.S. Reg. 92/2005

Nova Scotia — Regulations

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.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Eigg Mountain-James River Wilderness Area Designation

made under subsection 11(3) of the

Wilderness Areas Protection Act

S.N.S. 1998, c. 27

O.I.C. 2005-165 (April 22, 2005), N.S. Reg. 92/2005

including up to O.I.C. 2026-179 (May 26, 2026), N.S. Reg. 132/2026

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 .

Order approved by O.I.C. 2005-165

Appendix “B”Map Showing Approximate Boundaries of Eigg Mountain-James River

Wilderness Area

Order approved by O.I.C. 2005-536

Appendix “A” Eigg Mountain-James River Wilderness Area

Appendix “B” Town of Antigonish: James River Watershed Lands -Addition to Eigg

Mountain-James River Wilderness Area

Appendix “C” - Consent to Designation of Certain Lands Owned by the Town of Antigonish

as an Addition to Eigg Mountain-James River Wilderness Area

Schedule “A”

Schedule “B”

Schedule “C”

Order approved by O.I.C. 2015-195

Appendix A Map Showing Approximate Boundaries of Addition to Eigg Mountain-James

River Wilderness Area

Order approved by O.I.C. 2022-294

Appendix A Addition to the Eigg Mountain-James Wilderness Area

Order approved by O.I.C. 2026-179

Appendix C Addition to Eigg Mountain-James River Wilderness Area

Order approved by O.I.C. 2005-165

I hereby designate as a wilderness area pursuant to clause 11(3)(

a) of

Chapter 27 of the Acts of

1998, the Wilderness Areas Protection Act , an area of land which shall be known as Eigg

Mountain-James River Wilderness Area, the approximate boundary of which is shown on the

map attached as Appendix “B”. The actual boundary of Eigg Mountain-James River

Wilderness Area shall be described and shown on a description and plan signed by the Director

of Surveys and deposited in the Provincial Crown Lands Record Centre, the signed description

and plan forming part of the designation. The designation shall take effect on the date the

signed description and plan are deposited in the Provincial Crown Lands Record Centre.

Signed: K. Morash

Honourable Kerry Morash

Minister of Environment and Labour

Dated and signed at Halifax, Nova Scotia

March 31, 2005.

Appendix “B”

Map Showing Approximate Boundaries of

Eigg Mountain-James River Wilderness Area

Order approved by O.I.C. 2005-536

Pursuant to clause 11(3)(

c) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection

Act , I hereby designate certain lands as an addition to Eigg Mountain-James River Wilderness

Area, which was designated under O.I.C. 2005-165[, N.S. Reg. 92/2005,] on April 22, 2005.

The additional lands hereby designated, together with the lands previously designated under

O.I.C. 2005-165, are described in Appendix “A” and shown as “Town of Antigonish: James

River Watershed Lands (1340 ha +)”, and “Eigg Mountain-James River Wilderness Area

(4130 ha +)”, on Town of Antigonish: James River Watershed Lands - Addition to Eigg

Mountain-James River Wilderness Area , attached as Appendix “B”. The written consent of the

landowner for the designation of these additional lands is attached as Appendix “C”. All

appendices attached hereto form part of the designation. The designation shall take effect on

the date the signed description and plan are deposited in the Provincial Crown Lands Record

Centre.

Sgd: K. Morash

Signed: Kerry Morash

Minister of Environment and Labour

Dated and signed at Halifax, Nova Scotia

November 8 th 2005.

Appendix “A”

Eigg Mountain-James River Wilderness Area

ALL that certain tract of land and land covered by water shown outlined in bold line and

identified as either “Town of Antigonish (See Note)” or “Wilderness Area” shown on Field Plot

P-050/05, entitled Eigg Mountain-James River Wilderness Area , filed at the Crown Lands

Records Centre, Department of Natural Resources Office at Halifax, under C.L.R. E-21-32, said

tract of land located at James River, Antigonish County, Province of Nova Scotia.

CONTAINING an approximate total area of 5470 hectares.

Appendix “B”

Town of Antigonish: James River Watershed Lands -

Addition to Eigg Mountain-James River Wilderness Area

Appendix “C” - Consent to Designation of Certain Lands Owned by

the Town of Antigonish as an Addition to Eigg

Mountain-James River Wilderness Area

Town of Antigonish

274 Main Street

Antigonish, N.S.

B2G 2C4

July 18, 2005

Honourable Kerry Morash

Minister of Environment and Labour

PO Box 697, 5151 Terminal Road, 6th floor

Halifax, Nova Scotia

B3J 2T8

RE: Consent to the Designation Under the Wilderness Areas Protection Act , S.N.S. 1998,

c. 27 of Certain Lands Owned by the Town of Antigonish

Dear Minister Morash:

WHEREAS the Town of Antigonish (the “Town”) is the operator of the James River Water

Treatment Plant and associated infrastructure, including dam and impoundment;

AND

WHEREAS the Town is the waterworks operator responsible for protection of the James

River Watershed Protected Water Area, under

Section 106 of the Environment Act;

AND

WHEREAS the Town has the responsibility for planning for future capacity and viability

of its water supply, including the possibility of creating a second dam and impoundment and

utilizing or expanding the water works infrastructure in order to generate and distribute hydro-electricity;

AND

WHEREAS the Town has acquired a significant amount of land within the James River

Watershed in order to protect, manage, and develop its water supply;

designation under the Wilderness Areas Protection Act of certain Town-owned lands within and

surrounding the James River Watershed as part of the Eigg Mountain-James River Wilderness

Area is compatible with the Town’s interests in protection and management of the James River

Watershed for the purposes of supplying water to the Town;

hereto as

Schedule “A”, to the designation by the Province of Nova Scotia, as represented by

the Minister of Environment and Labour, of the lands described in Schedules “B” and “C”

attached hereto and consisting of properties referenced by Property Identification Numbers

(PIDs) 01208198 (324 +/- ha), 01241264 (243 +/- ha), 01241256 (162 +/- ha), 01241223

(97 +/- ha), 01304922 (49 +/- ha), 01241231 (231 +/- ha), 01241249 (27 +/- ha), 10010346

(32 +/- ha), 10007078 (0.3 ha), 01200328 (16 +/- ha), 10069193 (21 +/- ha), 01200344

(43 +/- ha), 01200336 (88 +/- ha), 01297829 (4 +/- ha), 10036028, (4 +/- ha), and 10036036

(20 +/- ha) as Wilderness Area pursuant to clause 11(3)(

c) of the Wilderness Areas Protection

Act , S.N.S. 1998, C. 27, said Wilderness Area to be added to, and to be known as part of, Eigg

Mountain-James River Wilderness Area, designated under Order in Council 2005-165 on

March 31, 2005, all schedules attached hereto forming part of the consent.

Signed,

July 15, 2005 sgd: E. Kathleen Chisholm

Date For the Town of Antigonish

July 15, 2005 sgd: Brian R. MacNeil

Date For the Town of Antigonish

Schedule “A”

Province of Nova Scotia, as represented by the Minister of Environment and Labour, of

Certain Town-owned Lands Pursuant to clause 11(3)(

c) of the Wilderness Areas Protection

Act , S.N.S. 1998, c. 27.

1. The consent of the Town of Antigonish (“the Town”) to the designation of lands under

the Wilderness Areas Protection Act is granted only for the properties described in

Schedules “B” and “C” (the “designated Town lands”), and referenced by Property

Identification Numbers (PIDs) 01208198 (324 +/- ha), 01241264 (243 +/- ha), 01241256

(162 +/- ha), 01241223 (97 +/- ha), 01304922 (49 +/- ha), 01241231 (231 +/- ha),

01241249 (27 +/- ha), 10010346 (32 +/- ha), 10007078 (0.3 ha), 01200328 (16 +/- ha),

10069193 (21 +/- ha), 01200344 (43 +/- ha), 01200336 (88 +/- ha), 01297829 (4 +/- ha),

10036028 (4 +/- ha), and 10036036 (20 +/- ha).

2. The Town’s consent is subject to the provisions of the James River Watershed Protected

Water Area Designation and Regulations , NS Reg. 218/88, made under subsections

106(5) and (6) of the Environment Act , S.N.S. 1994-95, c. 1, which prohibit or regulate

certain activities in the James River Watershed Protected Water Area. Furthermore, for

greater certainty, the provisions of the aforementioned regulations will continue to apply

on the Town lands, even where activities so prohibited or regulated would otherwise be

permitted under the Wilderness Areas Protection Act .

3. The Town’s consent is granted for a period of five (5) years beginning on July 15, 2005,

and shall be automatically renewed on July 15, 2010, for a further five (5) year period,

and on July 15, 2015, shall be automatically granted in perpetuity, unless, at least 180

days prior to a renewal date, the Town provides notice in writing to the Minister that it

intends to revoke its consent respecting some or all of the designated Town lands, or

designated Town lands. The Town’s consent is granted under the further condition that,

in the event that the Town gives timely notice prior to one of the two renewal dates that

it intends to revoke its consent respecting some or all of the designated Town lands, the

Minister of Environment and Labour (“the Minister”) will undertake the actions

necessary under the Wilderness Areas Protection Act to revoke the designation within a

reasonable time.

4A. The Town reserves the right to decide, at any time, whether and to what extent

i) regulations made pursuant to

Section 39 of the Wilderness Areas Protection

Act shall apply to the designated Town lands;

ii) management plans made pursuant to

Section 15 of the Wilderness Areas

Protection Act shall apply to the designated Town lands; and

iii) activities authorized under Sections 19, 20, 21, 22, 23, 24, and 26 of the

Wilderness Areas Protection Act shall apply to or be permitted to occur on

the designated Town lands.

4B. To exercise the right in

Section 4A, the Town shall provide written notice to the Minister

requesting that a regulation or management plan or provision thereof not apply to, or an

activity otherwise permitted to occur under the Wilderness Areas Protection Act not be

permitted to occur on, the designated Town lands. Upon receipt of said notice, the

Minister shall take all necessary steps to ensure the Town’s request is granted within a

reasonable period of time.

Where such a request has been previously granted, the Town may at any time, by

providing written notice to the Minister, request that its earlier request be revoked, and

the Minister shall take all necessary steps to ensure the Town’s earlier request is revoked

within a reasonable period of time.

4C. In the absence of the Minister receiving express written notice from the Town, any

aforementioned regulation, management plan, or activity shall apply to or be allowed to

occur on the designated Town lands in the same manner as in the remainder of the Eigg

Mountain-James River Wilderness Area.

4D. The Minister shall provide written notice to the Town of any regulations made or

intended to be made pursuant to

Section 39 and management plans made or intended to

be made pursuant to

Section 15. Any such regulations or management plans shall take

effect on the designated Town lands 180 days following the provision of such notice,

except where the Town provides its written consent to an earlier application date, or the

Town provides written notice of its objection to the application of these regulations or

management plans to some or all of the designated Town lands.

5. Notwithstanding anything in the Act, but subject to any other applicable statute or

regulation, the Town reserves the right to undertake such activities and developments as

are reasonably necessary for the development, operation, maintenance, expansion,

restoration, repair, or dismantling ofthe Town’s municipal water supply, including, but

not limited to

(

a) forestry operations for the purpose of watershed protection;

(

b) the creation of fire ponds for the purpose of fire fighting capability and to

carry out other fire prevention activities;

(

c) the construction of a second reservoir impoundment area, including a dam

and other reservoir-related infrastructure, water pipelines and roadways

needed for maintenance and/or construction activities; and

(

d) the construction of hydro-electric power generation and related

infrastructure, including power transmission lines, as well as roadways

needed for maintenance and/or construction activities.

Prior to exercising any of the above-mentioned rights, the Town agrees to inform and

consult with the Minister regarding its intentions for the designated Town lands.

6. The Town may post signs upon posts at intervals along the boundary of the designated

Town lands as required to enable the Town to meet its obligations under the

Environment Act with respect to the James River Watershed Protected Water Area.

7. The Town may use motorized vehicles, including all-terrain vehicles (ATVs) and

snowmobiles on existing roadways on the designated Town lands, for the sole purpose

of maintaining and protecting the James River Watershed.

8. The Town may operate motorized boats on watercourses on the designated Town lands

for the sole purpose of maintaining and protecting the James River Watershed.

9. The Town may blaze the boundaries of the James River Watershed Protected Water

Area as necessary, to maintain the boundaries, including marking, blazing and cutting of

trees.

10. The Town may carry out such activities on the designated Town lands as are required in

an emergency situation, in order to fulfill their obligations as waterworks operator,

provided that care is taken to have the least environmental impact possible in the

circumstances and that efforts are made to inform and consult with the Minister as soon

as possible.

11. The Town reserves the right to disallow public access to the designated Town lands for

any reason, including, but not limited to, concerns regarding the health and safety of

people or the water supply, wildlife, forests, watercourses, or occupiers’ liability, and

undertakes to provide public notice thereof through erection of signage, fencing, or other

appropriate means.

12. The Town hereby agrees to at all times indemnify and save harmless Her Majesty the

Queen in right of the Province of Nova Scotia and the Minister from and against all

claims, demands, losses, costs, debts, damages, actions, suits, or other proceedings by

whomever made, sustained, brought, or prosecuted in any manner based upon,

occasioned by, arising out of, or attributable in any way to the performance or purported

performance of the Town, its servants, agents, or independent contractors, of the Town’s

obligations and activities to protect and maintain the James River Watershed Protected

Water Area.

13. The Town’s consent is granted on the condition that the Province shall at all times

indemnify and save harmless the Town from and against all claims, demands, losses,

costs, debts, damages, actions, suits, or other proceedings by whomever made, sustained,

brought, or prosecuted in any manner based upon, occasioned by, arising out of, or

attributable in any way to the performance or purported performance of the Province, its

servants, agents, or independent contractors of the Province’s obligations and activities to

protect and manage the Eigg Mountain-James River Wilderness Area.

Schedule “B”

[The documents in

Schedule “B” of Appendix “C” to the order approved by O.I.C. 2005-536 are not

available in this format. For a hard copy of these documents, contact the Office of the Registrar of

Regulations .]

Schedule “C”

[The documents in

Schedule “C” of Appendix “C” to the order approved by O.I.C. 2005-536 are not

available in this format. For a hard copy of these documents, contact the Office of the Registrar of

Regulations.]

Order approved by O.I.C. 2015-195

I, Randy Delorey, Minister of Environment for the Province of Nova Scotia, pursuant to clause

11(3)(

b) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act , hereby

designate an area of Crown land at Eigg Mountain, Antigonish and Pictou Counties, with

approximate boundaries as shown on the map attached as Appendix A, as an addition to Eigg

Mountain-James River Wilderness Area, designated by the Minister of Environment and

Labour and approved by the Governor in Council by Order in Council 2005-165 dated April 22,

2005, N.S. Reg. 92/2005.

The actual boundaries of the designated additional area shall be as described and shown on a

description and plan signed by the Director of Surveys and deposited in the Provincial Crown

Land Information Management Centre, formerly known as the Provincial Crown Land Records

Centre, the signed description and plan forming part of this designation.

This designation of additional land is effective on and after the later of the date it is approved by

the Governor in Council and the date the signed boundary description and plan are deposited in

the Provincial Crown Land Information Management Centre in accordance with subsection

11(3) of the Act.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, March 24, 2015.

sgd: Randy Delorey

Honourable Randy Delorey

Minister of Environment

Appendix A

Map Showing Approximate Boundaries of

Addition to Eigg Mountain-James River Wilderness Area

Order approved by O.I.C. 2022-294

I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova

Scotia, pursuant to clause 11(3)(

b) of

Chapter 27 of the Acts of 1998, the Wilderness Areas

Protection Act , hereby designate an area of Crown land in Halifax County, with approximate

boundaries as shown on the map attached as Appendix A, as an addition to Eigg Mountain-James River Wilderness Area, originally designated by Order in Council 2005-165 dated April

22, 2005, N.S. Reg. 92/2005.

The actual boundaries of the designated additional area shall be as described and shown on a

description and plan signed by the Director of Surveys and deposited in the Provincial Crown

Land Information Management Centre, formerly known as the Provincial Crown Lands Record

Centre, the signed description and plan forming part of this designation.

This designation is effective on and after the later of the date it is approved by the Governor in

Council and the date the description and plan are deposited in the Provincial Crown Land

Information Management Centre.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16,

sgd. Timothy Halman

Honourable Timothy Halman

Minister of Environment and Climate Change

Appendix A

Addition to the Eigg Mountain-James Wilderness Area

Order approved by O.I.C. 2026-179

I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova

Scotia, pursuant to clause 11(3)(

b) of

Chapter 27 of the Acts of 1998, the Wilderness Areas

Protection Act , hereby designate an area of Crown land in Antigonish County, with

approximate boundaries as shown on the map attached as Appendix C, as an addition to Eigg

Mountain-James River Wilderness Area, originally designated by the Minister of Environment

and Labour and approved by the Governor in Council by Order in Council 2005-165 dated

April 22, 2005, N.S. Reg. 92/2005.

The actual boundaries of the designated additional area shall be as described and shown on a

description and plan signed by the Director of Surveys and deposited in the Provincial Crown

Land Information Management Centre, formerly known as the Provincial Crown Lands Record

Centre, the signed description and plan forming part of this designation.

This designation of additional land is effective on and after the later of the date it is approved by

the Governor in Council and the date the description and plan are deposited in the Provincial

Crown Land Information Management Centre.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, March 12, 2026.

sdg. T. Halman

Honourable Timothy Halman

Minister of Environment and Climate Change

Appendix C

Addition to Eigg Mountain-James River Wilderness Area

Legislative History

Reference Tables

Eigg Mountain-James River Wilderness Area

Designation

N.S. Reg.

92/2005

Wilderness Areas Protection 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 of the Eigg Mountain-James River Wilderness Area Designation made

under the Wilderness Areas Protection Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

92/2005

unknown

date

specified (date deposited in Provincial Crown Lands Record Centre)

May

13, 2005

224/2005

unknown

date

specified (date deposited in Provincial Crown Lands Record Centre)

Dec

23, 2005

253/2015

unknown

date

specified

(later

of date approved [June 16, 2015] and date deposited in Provincial Crown Land

Information Management Centre)

Jul

10, 2015

271/2022

unknown

date

specified

(later

of date approved [Dec 9, 2022] and date deposited in Provincial Crown Land

Information Management Centre)

Dec 30, 2022

132/2026

unknown

date

specified

(later

of date approved [May 26, 2026] and date deposited in Provincial Crown Land

Information Management Centre)

Jun 12, 2026

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

Order approved by O.I.C. 2005-536

ad. 224/2005

Order approved by O.I.C. 2015-195

ad. 253/2015

Order approved by O.I.C. 2022-294

ad. 271/2022

Order approved by O.I.C. 2026-179

ad. 132/2026

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

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.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 92/2005
Date2005-01-01
Typeregulation
Volume / chapterjust regulations regs wapeigg.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifiera2e77130a41f514adc857f12017129b66b930f32

Source file is stored in the law ingest library (htm).